'Executive can’t become judge, bulldozer justice unconstitutional': Supreme Court exercises special powers conferred by Article 142

NEW DELHI: The Supreme Court has said that it is unconstitutional to demolish a house with a bulldozer at night on the strength of a case.

The government executive cannot take the role of a judge and award punishment. This is against the criminal justice system, the rule of law and natural justice. The bench of Justices BR Gavai and KV Viswanathan delivered the historic verdict. The court was hearing petitions filed against bulldozer justice in states like Uttar Pradesh, Delhi, Rajasthan, Madhya Pradesh and Gujarat.

The court said it would not allow the arrogance of power shown by the government officials without following the procedures. The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where “might was right”. There is also no justification for letting the elderly, women and children out onto the streets in the middle of the night.

The Supreme Court exercised the special powers conferred by Article 142 of the Constitution to ensure complete justice for citizens. The fundamental right to life also includes safe living. If the demolition order is issued, the family members should be given time to take legal action. A copy of the verdict will be sent to the state chief secretaries. It is up to them to issue the circular. The matter will be considered again after four weeks.

Those who do not follow guidelines should pay compensation

Guidelines have also been issued for action. If officials do not comply, contempt of court and prosecution action will be initiated against the officials. They will have to pay compensation from their own pockets.

• 15 days advance notice. Can be sent as a registered post. The notice can be put up
• If the notice is handed over, the same should be communicated to the District Collector through e-mail.
• A personal hearing should be held and the householder should be heard. The final order should be followed only after this.
• 15 days more should be given. This is the time to file an appeal.
• There can be an evacuation if there is no stay after 15 days.
• The demolition proceedings should be filmed on video
• Digital portal mandatory in local bodies within 3 months

To have one’s own home...

“To have one’s own home, one’s own courtyard – this dream lives in every heart. It’s a longing that never fades, to never lose the dream of a home.... The verdict begins with lines from a poem by noted Hindi poet Pradeep. The court also noted that the house is an embodiment of the safety of every family and individual.