PM [1]
Rank : Helper
Status : Super Owner
#1
Hearing a petition against 'bulldozer justice' today, the Supreme Court today said that the Executive cannot replace the Judiciary and the law should not prejudge an accused's guilt.
Here are the top quotes from the Supreme Court:
Public officials who take the law in their own hands and act in such a high-handed manner must be fastened with accountability.
The State and its officials cannot take arbitrary and excessive measures. When the right of the accused or convict is violated by the State on account of arbitrariness, there has to be restitution.
Excesses at the hands of the Executive will have to be dealt with the heavy hand of the law. Our constitutional ethos do not permit any such abuse of power; cannot be tolerated by a Court of law.
The Executive cannot declare a person guilty. If based only on an allegation, it demolishes his house, it would strike at the basic principle of the Rule of Law. The Executive cannot become a judge and decide to demolish an accused's property.
If any officer of the State has abused his power or acted in a totally arbitrary or malafide manner, he cannot be spared.
When a particular structure is chosen for demolition all of a sudden, and the rest of similar properties are not touched, the presumption could be that real motive was not the legal structure, but the action of penalising without trial.
The right to shelter is a part of Article 21 of the Constitution. If persons have to be dis-housed, authorities must satisfy that demolition is the only option available instead of demolishing part of the house.
For an average citizen, the construction of a house is a culmination of years of hard work, dreams and aspirations. House embodies collective hope of security and the future. If this is taken away, authorities must satisfy it is the only way.
The question to be considered if only one person residing in the house is accused, would authorities be permitted to demolish the entire structure and remove shelter from heads of persons who are not directly or indirectly related to the crime.
It is not a happy sight to see women, children dragged to the street in the night. These directions will not be applicable if there is any unauthorised construction on public land, also where there is a demolition order by a Court of Law.
No demolition should be carried out without prior show cause notice returnable either in accordance with the time provided in local municipal laws or within 15 days from the date of service, whichever is later.
The notice shall be served upon owner by registered post. It shall also be fixed on the outer portion of the structure. Notice shall contain the nature of unauthorised construction, details of specific violation and grounds of demolition.
The designated authority shall give the opportunity of personal hearing to the accused and the minutes of such meetings shall be recorded. A final order of authority shall contain contentions of notice.
Proceedings of demolition shall be videographed. The demolition report should be displayed on a digital portal.
Violation of any direction would lead to the initiation of contempt proceedings. Officers should be informed that if demolition is found to be in violation, they will be held responsible for the restitution of demolished property.
The officials will be held responsible at their personal cost, in addition to payment of damages.
If a person's house is demolished, merely because he is an accused/convict, without following the process of law, it would be "totally unconstitutional" for more than one reason.
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 due process reminds one of the state of affairs wherein might is right.