The sentence was postponed on October 1.
After making strong observations on the practice of demolishing houses of criminals to send out a strong message against crime, which has come to be known as 'bulldozer justice', the Supreme Court is expected to issue a series of pan-India will issue guidelines for such demolition. on Wednesday.
While hearing several petitions, including one filed by Jamiat Ulama-i-Hind, alleging that people's properties were being bulldozed in several states, including Uttar Pradesh, Madhya Pradesh, Delhi and Gujarat, without following due process, a bench of Justices BR Gavai and KV Vishwanathan had on September 2 asked how a house could be demolished just because it belongs to an accused or even a convict in a criminal case.
The bench had taken note of affidavits filed by states and said, “We propose to lay down some guidelines on a pan-India basis so that the concerns raised are addressed.”
At another hearing in the same month, the court had stayed unauthorized demolition of private properties anywhere in India until October 1 and warned about the “grandeur” and “glorification” of the practice.
“We have made it clear that we will not stop the demolition of unauthorized structures… but the executive branch cannot be a 'judge' (of what is illegal),” the statement said.
On October 1, the court reserved its judgment but said the order to pause unauthorized demolition work would continue until the verdict was delivered. The proposed guidelines are also expected to be released at the sentencing on Wednesday.
'Running a bulldozer over laws'
Hearing related petitions, other benches of the Supreme Court, including one headed by former Chief Justice DY Chandrachud, also made strong observations on the issue.
On a petition by a man in Gujarat that municipal officials had threatened to demolish his family's house with a bulldozer after a case of trespass was registered against him, a bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti had said that alleged involvement in crime there are no grounds for the demolition of property and such actions can be seen as driving a bulldozer over the laws of the land.
“The court cannot be oblivious to such demolition threats, which are unthinkable in a country where the law is supreme. Otherwise, such actions can be seen as driving a bulldozer over the laws of the land,” the court said.
'Cannot slow down voting'
In another case of 'illegal' demolitions in Uttar Pradesh, a bench of the then Chief Justice Chandrachud and Justices JB Pardiwala and Manoj Misra had also laid down the procedure to be followed while widening roads and removing encroachments.
“Citizens' voices cannot be silenced by the threat of destroying their properties and farms. The ultimate security that man possesses is that of the farm. Undoubtedly, the law does not condemn unlawful occupation of public property and encroachments,” the bench had said in a judgment delivered last week and uploaded just before Chief Justice DY Chandrachud left office.
“Bulldozer justice is simply unacceptable under the rule of law. If allowed, the constitutional recognition of right to property under Article 300A would be reduced to a dead letter,” the Justice Chandrachud-led bench had said.
The bank's guidelines include asking authorities to verify data and maps, conducting surveys to identify actual breaches, issuing notices to people accused of breaches, considering objections and issuing of sufficient time to remove infringements.
