Supreme court in a recent hearing against “bulldozer action” gave a judgment that executives who carry out the bulldozer action i.e. the demolition of property of accused shall be charged and shall be liable to restore the property at personal expenses.The bench comprising Justices BR Gavai and KV Viswanathan observed the judgment. Emphasizing the importance of fixing accountability, the Court observed, “We are of the view that in such matters the public officials, who take the law in their hands, should be made accountable for such high-handed actions.”
The apex judicial body also laid down a set direction for demolition action to be taken. The executives must have a show cause notice, a personal hearing and passing of final order which must specify the reason for demolition in detail and justify why it is the only viable option. Even after the passage of final order, the order of demolition should not be executed for a period of 15 days from the final order day, so as to give the accused enough time frame to challenge the demolition order in higher court or tribunal as applicable. This will also provide them with the time to vacate the premises in case the demolition order is to be executed.
The court ordered the local authorities to create a public portal for publication of demolition notice, hence fencing the executive of the allegations of backdating of notices. In it’s detailed direction list the supreme court ordered that the demolition activity should be videographed and the official involved should be photographed and a list with their name should be maintained for the purpose of accountability.”For the executive to act in a transparent manner so as to avoid the vice of arbitrariness, we are of the view that certain binding directives need to be formulated. This will ensure that public officials do not act in a high-handed, arbitrary, and discriminatory manner. Further, if they indulge in such acts, accountability must be fastened upon them,” the Court observed.
This order is an attempt to prevent illegal demolition of the houses of persons accused of criminal offense and provide protection to their families. It also aims to highlight the pre existing demarcation line between the executive and the judiciary and warns the executive against taking the judicial decisions in their hand since it is out of the purview of their authority.
The verdict came just days after then Chief Justice of India D Y Chandrachud, while hearing a case regarding a man whose home was illegally demolished by the UP government as a part of a road widening project, referred to such demolitions “bulldozer justice”. The practice of bulldozer justice has been largely prevalent in BJP ruled states of Uttar Pradesh, Madhya Pradesh and Jharkhand. It was also seen in 2022 in Rajasthan in during congress rule.
Numerous cases have been filed against illegal demolition by executives, exploiting their power. In Ratlam, bulldozers were used to pull down a family’s ancestral home after the owner’s son was arrested for slaughtering a cow in June. In Udaipur, the municipal corporation demolished a tenant’s house for allegedly “encroaching” on forest land. The demolition took place in August soon after the tenant’s 15-year-old son was arrested for stabbing his classmate from another community, leading to rise in communal tensions in the city.
Taking to the True to life, a law student of NLU, Sambhavi vatsa explained that the “bulldozer justice” not only punishes the accused but it also inflicts upon the family of the accused and this doesn’t come under the purview of justice. The demolition deprived families of their basic rights of shelter and thus raises questions on the kind of justice delivered through demolition of properties.
The constitution of India has established an integrated judicial system with the supreme court at top and the high courts below it with a hierarchy of subordinate courts under the high court. The judicial system is the sole body which is empowered to deliver justice and the “bulldozer justice” system infringes with the right to the judiciary and tries to erase the clear demarcation and separation of power between the executive and judiciary. This order comes as a blow to the executives who exploit their power.
Reporting by True To Life Correspondent
Adya