The Supreme Court of India once again strongly condemned the practice of “bulldozer justice,” expressing concern over the use of demolitions as a form of punishment without adhering to the rule of law. The court’s remarks came during a hearing on Thursday concerning the attempted demolition of a house in Gujarat’s Kheda district, which was linked to allegations against a family member.
A bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti made sharp observations about the actions of local authorities, noting that such demolitions could be seen as “running a bulldozer over the laws of the land.” The case in question involved petitioner Javedali Mahebubmiya Saiyed, who challenged the notice of demolition issued by the Kathlal Nagar Palika. The notice came just four days after an FIR was filed against Saiyed’s brother on charges of sexual harassment and assault.
The petitioner argued that the demolition was an attempt to punish the entire family for the actions of one individual. The Supreme Court agreed, stating that alleged involvement in a crime does not justify the demolition of properties without proper legal proceedings.
“In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally-constructed residence. Alleged involvement in crime is no ground for the demolition of a property,” the court remarked.
The bench further emphasized that criminal allegations must be proven in a court of law, and until then, no punitive action, such as property demolition, can be taken. “The court cannot be oblivious to such demolition threats in a nation where law is supreme. Otherwise, such actions may be seen as running a bulldozer over the laws of the land.”
This is not the first time the Supreme Court has raised concerns about demolitions linked to criminal allegations. On September 2, a different bench of the Supreme Court had questioned how authorities could justify demolishing properties simply because someone is accused of a crime. The court noted that even a conviction does not permit demolition without following due process.
In recent years, a growing trend has emerged where local governments and police have used bulldozers to demolish the homes of individuals accused of crimes, often targeting entire families. These demolitions have frequently been carried out without proper legal procedures, raising concerns about their legality.
Sources By Agencies
