'Bulldozer justice' is wholly unconstitutional, says Supreme Court
The bench issued guidelines against punitive demolitions and said officials should be penalised for such actions.
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State authorities cannot demolish the properties of citizens merely because they are accused or convicted of crimes, said the Supreme Court on Wednesday.
A bench of Justices BR Gavai and KV Viswanathan also issued guidelines to curb instances of “bulldozer justice”.
There are no provisions in Indian law that allow for demolishing property as a punitive measure. Nevertheless, the practice has become commonplace, mainly in states ruled by the Bharatiya Janata Party.
The court was hearing a batch of pleas seeking its intervention against punitive demolitions by state governments. It had reserved the verdict in the matter on October 1.
“If a property is demolished only because person is accused, it is wholly unconstitutional,” the bench said on Wednesday. “The chilling sight of bulldozer reminds that constitutional values and ethos do not allow such abuse of power.”
Demolishing the homes of citizens also violates their right to shelter under Article 21 of the Constitution, said the court, adding that it is a form of collective punishment against the family members too.
The bench added that demolishing the properties of any person accused or convicted of a crime would amount to the state authorities taking the law into their own hands.
“Public officials who take law in their hands and act in such a high-handed manner must be fastened...
