Supreme Court: Rule of Law is the Foundation of Democratic Governance,Criticizes Bulldozer Justice

A two-judge bench, consisting of Justice BR Gavai and KV Vishwanathan. Has started delivering its judgment on petitions challenging the use of “bulldozer”. Actions by authorities as a punitive measure against accused individuals.

The Supreme Court has also established nationwide guidelines aimed at preventing the “illegal” demolition of homes and other properties.

“Supreme court Slams ‘Bulldozer Justice’ in Maharajganj Demolition Case”

The most recent ruling in the case, issued on November 6. Addressed the 2019 demolition of a house in Uttar Pradesh’s Maharajganj district. The Supreme Court state that “bulldozer justice” is intolerable under the rule of law, emphasizing that citizens. Rights cannot be suppresse through threats of property destruction.

A bench led by former Chief Justice DY Chandrachud. Observe that such actions are unheard of in any civilize legal system. The court emphasized that the state must adhere to due process of law before taking action. To remove illegal encroachments or unlawfully constructed structures.

The ruling deemed the process carrie out by the Uttar Pradesh government as “high-handed” and ordere the state to pay Rs 25 lakh in compensation to the petitioner. Whose house was demolishe for a road project, as an interim measure.

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The Supreme Court criticized the Uttar Pradesh government for the “illegal” demolition, stating. “You cannot bring bulldozers and demolish constructions overnight without giving the family time to vacate.” The bench questioned the state’s counsel, asking, “What about the household items inside the house?”

SC Pauses Demolition Activities Without Approval Until October 1

The Supreme Court paused demolition activities without its approval until October 1. Stating that even a single instance violates the Constitution’s principles. However, the bench of Justices BR Gavai and KV Viswanathan clarified that the order does not apply to unauthorized structures. Located on public roads, footpaths, water bodies, or railway tracks.

The bench noted that “even a single instance of illegal demolition is contrary to the spirit of our Constitution.”

The Supreme Court emphasize the necessity of guidelines in cases of “bulldozer justice” against individuals accused of crimes,. Stating that a structure cannot be demolishe even if one or all occupants have been convicte or found guilty.

In 2022, a group of petitions filed with the Supreme Court. Concerning the demolition drive planne for April in Delhi’s Jahangirpuri. While the demolition was temporarily halte. The petitioners sought a declaration that authorities could not use bulldozer actions as a form of punishment.

One of the petitions was file by former Rajya Sabha MP and CPI(M) leader Brinda Karat. During a September 2023 hearing, senior advocate Dushyant Dave. Representing some of the petitioners, expressed concerns about the growing trend of state governments. Demolishing the homes of individuals accused of crimes. He emphasized that the right to a home is an essential part. Of the right to life under Article 21 of the Constitution.

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