Bulldozer justice is unacceptable. Authorities cannot demolish houses based on mere complaints. Demolishing homes violates fundamental rights, and government power cannot be exercised arbitrarily.” This statement came a year after the Supreme Court reviewed cases related to bulldozer actions and issued clear guidelines.
A two-judge bench of the Supreme Court barred the government from taking arbitrary actions. It emphasized that deliberate house demolitions violate the law, and the Court has strongly criticized the state government on this matter. Issuing specific guidelines, the Court clarified that the executive branch must not assume judicial powers.
The Court ruled that authorities cannot demolish a home solely because the owner is an accused. It is unlawful to destroy the house of an accused person or their family. The Court questioned why an entire family should suffer due to one individual’s alleged offence.
The Supreme Court admonished government officials involved in such actions, stating that if the administration deliberately demolishes homes, responsible officials will be held accountable. The responsibility for punishing crimes lies with the courts, not the administration. Officials must not act as judges. Stripping someone of their shelter is unjust, and both accused individuals and their families have rights. The Court noted that demolishing a home simply because someone is accused violates the law.
The Supreme Court instructed that before taking bulldozer action, the accused must be given a fair hearing. Authorities must issue a legal notice, which should be sent by registered post and posted at the residence. A minimum of 15 days must be given before taking any action, and the District Magistrate must be notified of the notice. Demolition activities must be recorded on video, and violations will be subject to consequences. The Court also stated that the accused should be allowed to remove any illegal construction themselves.