Might Is NOT Right: Supreme Court Slams Govt On Bulldozer Justice; Know SC Guidelines On Demolition

The Supreme Court of India on Wednesday criticised the Government for demolishing the houses of accused aka Bulldozer Justice, without following the norms. A bench headed by Justices B R Gavai and KV Vishwanathan pronounced the verdict in the matter.

The court made it clear that if someone is accused of any crime, authorities cannot hold anyone convict. The bench made it clear that demolishing someone's house is not the right punishment, if someone is guilty.

It is not the authorities' duty to decide who is responsible or not, they are not judges. No one has a right to punish the family of the accused.

Justice Gavai said, "Having a home is a longing that never fades...it is a dream of every family to have a house...an important question whether the executive should be permitted to take away shelter as a major infliction of penalty..."

"We have considered the rights guaranteed under the Constitution that provide protection to individuals from arbitrary state action. Rule of law provides a framework to make sure individuals know the property will not be taken away arbitrarily," the court said.

Supreme Guidelines For Demolition:

• Time should be given to the accused to provide documents or prove that their construction is legal.
• The property owner's side must be heard.
• A chance should be given to them to demolish unauthorized property themself.
• District Magistrate (DM) must be informed about the action.
• A 15-day notice must be given to the accused.
• Videography of the demolition is a must.
• Names of the officials present at the demolition site must be registered.
• If any wrong demolition happens, officials will have to pay from their pockets.
• Legal notices via post should be delivered to the accused.
• Legal notice should be pasted outside the property marked for demolition.
• Officials must consider the legal ways to regularise properties already built, instead of demolishing them.