'Executive can't replace judiciary...': SC on 'bulldozer justice'
The Supreme Court has strongly disapproved of the practice of "bulldozer justice"—demolishing the homes of accused persons without due process. The judgment was pronounced by a bench of Justices BR Gavai and KV Viswanathan. They said that "the Executive cannot replace the Judiciary" and legal processes shouldn't prejudge an accused's guilt.
Court underscores rule of law and public accountability
Justice Gavai emphasized on the significance of owning a home, asking the Executive how it could randomly take away this shelter. The court emphasized that "the rule of law is the foundation of a democratic government" and people should be safeguarded from arbitrary actions of the state. Citing the doctrine of public trust and accountability, it said razing a person's house just because he is accused, violates the principle of separation of powers.
Supreme Court addresses petitions against bulldozer justice
The Supreme Court also took up petitions against bulldozer actions in states such as Uttar Pradesh, Madhya Pradesh, Delhi, and Gujarat. These petitions contended that demolitions were conducted without due process. The court had earlier stayed unauthorized demolitions across the country till October 1. Justice Gavai noted that if only one person in a household is accused, authorities shouldn't rob all residents of shelter.
Court to issue guidelines for demolition practices
The court also announced plans to issue pan-India guidelines for such demolitions, ensuring concerns raised are addressed uniformly across states. The bench had earlier warned against "grandstanding" and "glorification" of bulldozer justice. In related cases, other Supreme Court benches have also criticized this practice, emphasizing that alleged involvement in crime is no grounds for property demolition.
