You cannot demolish a house just because someone is an accused, Supreme Court’s big attack on bulldozer action

New Delhi, The Supreme Court has given a strong message against the trend of bulldozer justice, saying that the executive cannot demolish a person’s house merely on the basis that the person is accused or guilty. The executive officer cannot become a judge and he/she cannot declare someone accused and guilty and demolish someone’s house on this basis alone.

It is not good for women and children to be on the road all night

The Supreme Court has said in its important decision that if a person’s house is demolished just because he/she is accused or guilty then it is completely unconstitutional. The Supreme Court said that it cannot be a good thing for women and children to stay on the road overnight due to demolition. The Supreme Court has issued guidelines regarding demolition.

Such action is against the rule of law

The Supreme Court said that allowing the executive to take such action is against the rule of law. There is division of functions in the Constitution and this is a violation of the principle of separation of powers because the court has the right to convict any accused. The executive cannot declare any person guilty. If someone is an accused and if the executive demolishes that person’s house only on this basis, then it is a direct attack on the rule of law.

Administration cannot become a judge

The court said that an executive cannot become a judge. he/she cannot demolish the house of the accused and the guilty merely on the ground that he/she is accused or guilty. The Supreme Court said that the bulldozer action is a horrifying scene and it shows the tyranny of power. Any such action has no place in a constitutional democracy. The Supreme Court said that there is no place for any such process in our constitutional values ​​and the Constitution does not allow it. Any such action like demolition can be dealt with in accordance with law.

…then the officials will be held responsible

The Supreme Court said that the officials should be held responsible for demolishing properties in this manner without following the legal process. The court said that any officer who takes the law into his/her hands and commits such atrocities should be held responsible and disciplinary action should be taken against such officers. Officials should be informed that if the demolition action is found to be in violation of the instructions, they will be held responsible for reconstructing the demolished property. The Supreme Court said that if demolition takes place in this manner without following the legal process, it is tantamount to collective punishment on the accused and the guilty family. In this case, a petition was filed on behalf of Jamiat Ulema-e-Hind and others in the bench led by Justice BR Gavai and a plea was made to stop the tendency of bulldozer justice.