Team Clarion
NEW DELHI — The Supreme Court on Wednesday took a tough stand on the issue of ‘bulldozer justice’ saying the Executive cannot replace the Judiciary and legal process should not prejudge guilt of an accused.
while hearing petitions against the bulldozing of homes and private properties of accused persons by states, the apex court ruled that it is unconstitutional to demolish a person’s house without following the due process of law merely because they are allegedly involved in a crime.
Condemning the Bulldozer action taken by state authorities against the accused or convicts, the apex court issued pan-India directives governing demolitions and cautioned that flouting its directions by state officials will result in criminal contempt and prosecution.
Here are the top key quotes/takeaways from the ruling of the Supreme Court
— Wholly unconstitutional
“Right to shelter is one of the facets of Article 21. Depriving such innocent people of their right to life by removing shelter from their hands, their heads, in our considered view, would be wholly unconstitutional.”
— Public officials should be made accountable
“We have concluded if the executive in an arbitrary manner demolishes the house of a citizen only on the ground that they are accused of a crime, then it acts contrary to the principles of rule of law… We are of the view that in such matters, the public officials who take the law in their hands should be made accountable for such high-handed actions.”
— Demolition reminds one of a lawless state of affairs
“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’.”
— A due process should be followed by state
“State and its officials cannot take arbitrary and excessive measures against the accused or for that matter, even against the convict, without following the due process as sanctioned by law.”
— It violates the principle of separation of powers
“If the executive acts as a judge and inflicts a penalty of demolition on the citizen on the ground that he is an accused, it violates the principle of separation of powers.”
— Even the convicts have certain rights
The judgement stated, “Even the accused or the convicts have certain rights and safeguards in the form of constitutional provisions and criminal law.”
— There has to be institutional accountability
“When the right of an accused or a convict is violated on account of illegal or arbitrary exercise of power by the state or its officials, or on account of their negligence, inaction or arbitrary action, there has to be institutional accountability.” — With inputs from agencies
