The Supreme Court today deprecated the practice of ‘bulldozer justice’, asking as to how a house could be reduced to rubble just because it belongs to an accused, or even a convict in a criminal case. The court suggested for formulation of guidelines to control the exercise in a countrywide basis.
Senior Advocate Dushyant Dave appearing for the petitioner requested the court to make sure that ‘bulldozer justice’ is not practiced in the entire country. The bench has reduced the matter to its basic elements by bringing into picture Solicitor General Tushar Mehta but he has made it clear that while a property may be demolished if a structure is found to be illegal, the owner is not allowed to be accused of a crime.
Justice Gavai suggested that guidelines are required if the Solicitor General affirm to it. The bench said, “If construction is unauthorized, okay But there must be a system,” citing the need for a well structured procedure on demolition.
Justice Viswanathan further proposed steps to avoid arbitrary actions: ; notifying people, affording them time to seek legal intervention, and finally, going for the demolitions if required. The court said that it does not approve of building illegal structures but standards are required for equity.
Senior Advocates Dave and CU Singh gave instances where, the structures have been demolished like Jahangirpuri and Udaipur and Delhi without strict legal compliance. The court also noted for some reason to demolish the house where the tenant or any of the family members commits a crime this is not acceptable.
The court said that it will rule over the matter on September 17 and expressed a willingness to receive ideas towards the formulation of standard procedures. Even in its demolition, Justice Gavai pointed out the need to strictly adhere to the law and follow due process perhaps a reasonable standard across the nation.
