By Dr. Gyan Pathak
A Bench of the Supreme Court of India has bulldozed the ‘bulldozer justice’ on November 13, 2024, but partially, since it does make officials accountable for the damage and the cost for restoration would be recovered from their salary, but the power drunk politicians would still remain untamed in absence of any order of making them also accountable on whose orders such ‘bulldozer justice’ is carried out. Nevertheless, the order and the guideline are welcome, which may rein in ‘bulldozer justice’ up to a great extent.
The order was reserved on October 1, 2024, and the bench had conveyed its intention to lay down a pan India guideline while hearing the petitions filed before the Supreme Court in 2022 which was related to the demolition drive scheduled for April, 2022 in Delhi’s Jahangirpuri following a communal violence during the Hanuman Jayanti procession. The drive was ultimately stayed but petitioners prayed for “declaration that authorities cannot resort to bulldozer action as a form of punishment.”Jamiat Ulema-i-Hind and various other petitioners had sought directions to stop the trend of “bulldozer justice”.
The term ‘bulldozer justice’ first gained prominence in India around 2017, largely associated with the policies of Uttar Pradesh’s Chief Minister Yogi Adityanath whose administration employed bulldozers to demolish properties linked to individuals accused of serious crimes or communal violence. Thereafter, it became a practice in Uttar Pradesh and then spread in other BJP ruled states such as Madhya Pradesh, Haryana, Gujarat, Uttarakhand, and Union Territory like Delhi where police is under the BJP led Union Government.
In the last 7 years, the bull dozer has become a symbolic tool for crime control, and to control the offenders, especially on communal basis against Muslims bypassing due process and legal protection available to the citizens under the Constitution of India. Such a practice is extrajudicial in nature, as it even sidesteps judicial rulings and raises concerns over property rights and discrimination. Now ‘bulldozer justice’ has become a part of political and legal discourse across India.
The Supreme Court bench of Justices BR Gavai and KV Vishwanathan while pronouncing this judgment said, “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 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”. In our constitution, which rests on the foundation of ‘the rule of law’, such high-handed and arbitrary actions have no place. Such excesses at the hands of the executive will have to be dealt with the heavy hand of the law. Our constitutional ethos and values would not permit any such abuse of power and such misadventures cannot be tolerated by the court of law,” the bench said.
The Court further said, “Such an action also cannot be done in respect of a person who is convicted of an offence. Even in the case of such a person the property/properties cannot be demolished without following the due process as prescribed by law. …Such an action by the executive would be wholly arbitrary and would amount to an abuse of process of law. The executive in such a case would be guilty of taking the law in his hand and giving a go-bye to the principle of the rule of law.”
The bench emphasized the importance of restitution and said, “Public officials who take law in their hands and act in such a high-handed manner must be fastened with accountability….” The court said that such actions amount to imposing “collective punishment” on the family of the accused/convict, adding “When a particular structure is chosen for demolition all of a sudden, and the rest of similar properties are not touched, the presumption could be that the real motive was not the illegal structure but the action of penalising without trial.”
As per the direction laid by the court, the affected party needs time even after demolition order is passed, first to go for appeal, and secondly, to vacate. “It is not a happy sight to see women, children and aged persons dragged to the street overnight. Heavens will not fall on the authorities if they hold their hands for some period,” the bench said.
As per the guidelines, no demolition should be carried out without prior show-cause notice giving time for 15 days or the period provided in the particular laws. The returnable time will start from the service of the notice.
On possibility of ante-dating, the guideline tries to prevent it by directing that as soon as notice is duly served, intimation thereof shall be sent to the office of Collector/District Magistrate digitally by email and auto-generated reply acknowledging the receipt of the mail should also be issued by the office of the Collector/DM.
The designated authority shall give an opportunity for a personal hearing to the party, the guideline says, before final order, which should specify why the extreme step of demolition is the only option available. If the statute provides for an appellate authority and time for filing the appeal, even if it does not do so, the demolition order will not be implemented for a period of 15 days from the receipt thereof.
Violation of the directions would lead to the initiation of contempt proceedings in addition to prosecution. In case of violation the officers responsible will be held liable for restitution of the demolished property at their personal cost in addition to payment of damages.
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