Bulldozer justice, Supreme Court expresses concern, directs for nationwide guidelines
The Supreme Court has raised concerns over the practice of "bulldozer justice" and emphasized the need for nationwide guidelines regarding demolition activities. The court has sought suggestions from the government and other stakeholders to formulate these guidelines.
The court stated that demolishing structures across the country must adhere to legal protocols, and even if someone is an accused or guilty, their house cannot be demolished without following due process. The Supreme Court will hold the next hearing on this matter on September 17.
During the hearing, the Solicitor General mentioned that an affidavit had been submitted long ago and that this controversy should now be put to rest. On the other hand, Dushyant Dave, representing Jamiat Ulema-e-Hind, argued that a statement should be recorded ensuring that "bulldozer justice" is not applied to people across the country, as many states are currently doing so, making this a significant issue.
Tushar Mehta, during the hearing, reiterated that their response affidavit dated August 9, 2022, clearly stated that merely being accused of a crime does not justify the demolition of property. No immovable property can be demolished solely because the owner or occupant is involved in a crime.
Justice B.R. Gavai questioned, "How can a house be demolished just because someone is an accused? Even if someone is convicted, their house cannot be demolished without following the legal process." Justice K.V. Viswanathan suggested that guidelines be issued to ensure that proper procedures are followed in such cases.