Taking a stringent view of the bulldozer action pattern being followed by many states, the Supreme Court today strongly criticized the practice of 'bulldozer justice,' raising concerns about the legality of demolishing a house solely because it belongs to someone accused or convicted in a criminal case. Senior Advocate Dushyant Dave, representing the petitioner, urged the court to issue directives preventing the implementation of 'bulldozer justice' nationwide. It posted the matter for hearing on September 17.
The top court also said that it proposes to lay down guidelines on the issue."Even if he is a convict, still it can't be done without following the procedure as prescribed by law," a bench of Justices B R Gavai and K V Viswanathan said on pleas against demolition action. The court also noted that demolition should not take place even if the man/woman is convicted.
Speaking before the bench of Justice B.R. Gavai and Justice K.V. Viswanathan, Solicitor General of India Tushar Mehta argued that no immovable property can be demolished simply because the owner is involved in a criminal offense. The Solicitor General said that such demolition takes place only if the houses are illegal. Mehta also said that the matter is being misrepresented before the court.
Hearing Mehta's contention, Justice Gavai asked that since the government is accepting it, when will it release a guideline related to it. "If you are accepting this, then we will issue guidelines based on this," said Justice Gavai.
The bench further asked the government to put the guidelines in place and make it official. "If construction is unauthorised, fine. There has to be some streamlining. We will lay down a procedure. You are saying demolition only if violation of municipal laws. There is a need for guidelines," the bench said.
The bench emphasized that it is not defending illegal construction. The Supreme Court clarified that it will not protect any illegal structure, including a temple, that obstructs public roads. However, the court insisted that there should be clear guidelines in place for carrying out demolitions.
States like Uttar Pradesh, Rajasthan and Madhya Pradesh have recently made bulldozer justice a popular norm against the accused of heinous cases including crime against women and that threatening law and order of the state. The top court has now asked the governments to lay down a proper guideline for the same.
