Udaipur, November 13: The Supreme Court of India has sent a strong message to the Executive and to the authorities in general on the "Bulldozer Justice" resorted to by state governments. The apex Court said that the  Executive cannot demolish properties of houses of people only on the grounds of the owners being accused or convicted in crime.

Also Read: Simply Unacceptable in a Civilized System

Gross Violation of Separation of Powers

The court said that passing such orders is contrary to the rule of law and also a gross violation of separation of powers, as it is the Judiciary that pronounces a persons guilt or otherwise.

"The executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review. Only on the basis of the accusations, if the executive demolishes the property/properties of such an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible. The executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property/properties. Such an act of the executive would be transgressing its limits."

The two Judge Bench of the Supreme Court, consisting of Justice BR Gavai and Justice KV Vishwanathan pronounced their verdict on the petitions filed by various individuals and organisations on the "Bulldozer Justice" phenomenon seeking directions to stop the trend of Bulldozer action by the Executive.  

Also Read: Udaipur House Bulldozer Action PUCL Appeal to HC

Lawlessness in State

The judgement pronounced that this approach by the Executive reminds one of a lawless state, where "might is right" becomes the order of the day.

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”. In our constitution, which rests on the foundation of 'the rule of law', such high-handed and arbitrary actions have no place. Such excesses at the hands of the executive will have to be dealt with the heavy hand of the law. Our constitutional ethos and values would not permit any such abuse of power and such misadventures cannot be tolerated by the court of law," the Supreme Court says.

Also Read: SC Questions Sanity of Bulldozer Action

Officials to be  held accountable

In its order, the Supreme Court also added that demolition of a house cannot be an action against a person convicted of offence. Otherwise as well, demolition of a house or property in any other  circumstance must also be done by following the due process prescribed by law.

"Such an action also cannot be done in respect of a person who is convicted of an offence. Even in the case of such a person the property/properties cannot be demolished without following the due process as prescribed by law. Such an action by the Executive would be wholly arbitrary and would amount to an abuse of process of law. The executive in such a case would be guilty of taking the law in his hand and giving a go-bye to the principle of the rule of law."

The Court, while highlighting the importance of the restitution, added that public officials who take part in such an action, will be held accountable.

"Public officials who take law in their hands and act in such a high-handed manner must be fastened with accountability..."  - Supreme Court.

Read Court Order Here

Background of the Judgement

There were various petitions filed by individuals and organisations against the rampant demolition drives across the country, on the orders of the state government, that christianed this exercise "Bulldozer Justice". Of these, there was a petition filed from Udaipur as well after the rental home of the family of the accused in the student attack case was demolished. These batch of petitions date back to as old as September 2022, in relation to the demolition drive  in Jahangirpuri, Delhi. Petitions were filed against the state of MP, Rajasthan, Gujarat, UP, etc. all governed by the BJP. In response, the Court had expressed that a house cannot be demolished merely because the person is accused of crime.

The Court, invoking its special powers under Article 142 of the Constitution, had, on September 17 2024, passed an interim order that no demoliton shall take place in the country without the permission of Court, except when there is encroachment on public roads, railway lines, footpaths or water bodies. In a judgement passed by former CJI DY Chandrachud, the apex court observed that a society governed by the rule of law will not accept such "bulldozer justice".

The apex Court had also reserved its decision on the matter in October 2022 and had conveyed its intention to order laying down of pan-India guidelines to address concerns of demolition.