Supreme Court sets pan-India guidelines against ‘bulldozer justice,’ calls demolitions without due process unconstitutional

Coming down hard on instant ‘bulldozer justice,’ the Supreme Court on Wednesday laid down pan-India guidelines on property demolition and said the Executive cannot become a judge, declare an accused guilty, and demolish his house. A bench of Justices B R Gavai and K V Viswanathan said it would be “totally unconstitutional” if houses of people were demolished merely because they are accused or even convicts.

Pronouncing the verdict, Justice Gavai said it is not a happy sight to see women and children on the streets overnight.

The bench directed that no demolition be carried out without prior show cause notice and within 15 days from the notice being served.

It directed that proceedings of demolition shall be videographed.

The bench made it clear that its directions will not apply if there is unauthorised construction on public land or a court of law orders demolition.

It said accused and convicts have certain rights and safeguards in light of the Constitution and the criminal law.

The top court delivered its verdict on pleas seeking the framing of guidelines on the demolition of properties in the country.