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Top Court has held that citizen’s house being demolished merely because he is an accused or even for that matter a convict, that too without following the due process as prescribed by law, will be totally unconstitutional for more than one reason
If the executive acts as a judge and inflicts penalty of demolition on a citizen on the ground that he is an accused, it violates the principle of ‘separation of powers’, the Supreme Court of India has observed while laying down guidelines on bulldozer action.
"We are of the view that in such matters the public officials, who take the law in their hands, should be made accountable for such high-handed actions...If the executive in an arbitrary manner demolishes the houses of citizens only on the ground that they are accused of a crime, then it acts contrary to the principles of ‘rule of law’...", a bench of Justices BR Gavai and KV Vishwanathan has further observed.
Top Court has held the executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review.
"Only on the basis of the accusations, if the executive demolishes the property/properties of such an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible. The executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property/properties. Such an act of the executive would be transgressing its limits...", the judgment adds.
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 adhering to the principle of due process, reminds one of a lawless state of affairs, where “might was right”, Justice Gavai has said in the judgment authored by him.
Such excesses at the hands of the executive will have to be dealt with the heavy hand of the law as our constitutional ethos and values would not permit any such abuse of power and such misadventures cannot be tolerated by the court of law, court has observed.
Two months ago, the Supreme Court had by way of an interim order halted any demolition without its permission of properties of persons just because they are accused of being involved in a crime. Earlier, it had also questioned the concerned authorities over their wanton demolition of houses and properties of accused in a criminal case.
Court took up this issue after a plea was filed by Jamiat Ulema-I-Hind after the Jahangirpuri demolitions, urging the top court to issue appropriate directions to the Center and States against actions of bulldozing properties of any accused in any criminal proceedings.
Case Title: In Re: Directions in the matter of demolition of structures
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