Accused person cannot be presumed guilty until proven in court; demolitions must be based on law; officials violating guidelines to face strict action
New Delhi: The Supreme Court on Wednesday took a firm stance against ‘bulldozer justice’, ruling that the Executive cannot replace the Judiciary and that legal processes must not prejudge the guilt of an accused. The court laid down guidelines to ensure demolitions follow due process.
Justice BR Gavai and Justice KV Viswanathan, addressing petitions challenging demolitions of properties belonging to crime suspects, emphasised the importance of protecting persons’ right to shelter. The court questioned whether the Executive should have the power to demolish homes without a trial, noting that demolishing homes arbitrarily undermines the rule of law and the separation of powers.
The justices held that public officials must be accountable for acting arbitrarily. They stressed that demolitions should not be used as punishment without a fair trial. The court also warned that demolishing homes of innocent people, based solely on the presence of an accused, violates constitutional rights.
The court clarified that an accused person cannot be presumed guilty until proven in court and that demolitions must be based on law and due process.
The Supreme Court issued guidelines under Article 142, requiring a showcause notice before demolition, detailing the violation and giving the person affected 15 days to respond. Demolitions can only proceed if the appellate authority does not intervene.
Officials violating the guidelines will face contempt proceedings and be held financially responsible for restitution.
Municipal authorities have been directed to create a digital portal within three months to track notices and demolition orders. These rules do not apply to unauthorised structures on public land or when a court has already ordered demolition.
