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 set of pan-India guidelines for such demolitions on Wednesday.
Hearing several petitions, including one filed by Jamiat Ulama-i-Hind, arguing that properties of people 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 asked on September 2 how a house could be demolished just because it belongs to an accused or even a convict in a criminal case.
Noting affidavits filed by states, the bench had said, "We propose to lay down some guidelines on a pan-India basis so that the concern raised is taken care of."
In another hearing the same month, the bench had halted the unauthorised demolition of private property anywhere in India till October 1 and warned against "grandstanding" and "glorification" of the practice.
"We made it clear that we won't stop demolition of unauthorised construction... but the executive can't be a 'judge' (of what is illegal)," it had said.
On October 1, the bench had reserved its judgment but said the order on pausing unauthorised demolitions would continue until it gave its verdict. The proposed guidelines are also expected to be issued with the verdict on Wednesday.
'Running A Bulldozer Over Laws'
Hearing related petitions, other benches of the Supreme Court, including one led by former Chief Justice DY Chandrachud, have also made strong remarks on the issue.
On a petition by a man in Gujarat that municipal officers had threatened to demolish his family's home 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 alleged involvement in crime is no grounds for demolition of property and such actions can be seen as running a bulldozer over the laws of the country.
"The court cannot be oblivious to such demolition threats, which are inconceivable in a nation where law is supreme. Otherwise such actions may be seen as running a bulldozer over the laws of the land," the bench said.
'Can't Throttle Voices'
In another case of "illegal" demolitions in Uttar Pradesh, a bench of then Chief Justice Chandrachud and Justices JB Pardiwala and Manoj Misra had also laid down the procedure to be followed during road widening and removal of encroachments.
"Citizens' voices cannot be throttled by a threat of destroying their properties and homesteads. The ultimate security which a human being possesses is to the homestead. The law does not undoubtedly condone unlawful occupation of public property and encroachments," the bench had said in a judgment given last week, which was uploaded just before Chief Justice DY Chandrachud demitted office.
"Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted, the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter," the Justice Chandrachud-led bench had said.
The guidelines issued by the bench included asking authorities to verify records and maps, conducting surveys to identify actual encroachments, issuing notices to people accused of encroachment, considering objections, and giving adequate time for the removal of encroachments.
