Supreme Court on bulldozer justice: 'Executive can't become judge, demolish property'

A batch of petitions was filed before the Supreme Court in 2022 in connection with the demolition drive scheduled for April of the same year in Delhi’s Jahangirpuri.

While hearing  petitions seeking to put brakes on the "bulldozer" action against the accused person as a corrective measure,  the Supreme Court on Wednesday said the executive can't declare a person guilty.

The observations were made by a bench of justices BR Gavai and KV Vishwanathan. "The executive can't declare a person guilty. If based only on allegation, it demolishes his house, it would strike at basic principle of Rule of Law. Executive can't become a judge and decide to demolish an accused's property," said Gavai as quoted by Live Law.

He also said if any officer of the state has abused his power or acted in total arbitrary or malafide manner, he cannot be spared. "When a particular structure is chosen for demolition all of a sudden, and rest of similar properties are not touched, presumption could be...real motive was not legal structure, but action of penalizing without trial," said Gavai, according to Live Law.

On October 1, the court reserved its order after hearing the case. The court also extended its interim order, instructing authorities to stop demolition drives until further notice.

In the hearing, the court noted that being accused or convicted of a crime does not give authorities the power to launch bulldozer action against homes and shops.

The order excluded unauthorised structures, including religious buildings on roads and footpaths. The court emphasised that “public safety” is essential, and no religious structure — whether a temple, dargah, or gurdwara — should block the road.

What is the plea about?

A batch of petitions was filed before the Supreme Court in 2022, in connection with the demolition drive scheduled for April of the same year, in Delhi’s Jahangirpuri. While the drive was stayed, the petitioners prayed for a declaration that authorities could not resort to bulldozer action as a form of punishment.

One of these petitions was by former Rajya Sabha MP and CPI(M) leader Brinda Karat. During a hearing in September 2023, senior advocate Dushyant Dave (appearing for some of the petitioners) voiced concerns about the rising trend of state governments demolishing the homes of people accused in crimes, stressing that the right to a home was a facet of the right to life under Article 21 of the Constitution.

(With PTI inputs)