Supreme Court halts ‘bulldozer justice’

New Delhi: The Supreme Court on Tuesday came down heavily on state authorities resorting to “bulldozer justice” and ordered that no demolition should be carried out without its permission till October 1.

While hearing a batch of pleas against the “bulldozer action”, the top court, however, clarified that this order wouldn’t be applicable to encroachments on public roads, footpaths, railway lines, or other public spaces (such as waterbodies).

The court was hearing petitions claiming that properties belonging to criminal defendants were being demolished in other states. A bench of Justices BR Gavai and KV Viswanathan passed an interim order and said that “Till next date there shall be no demolitions without seeking leave of this court.” It posted the matter for next hearing on October 1.

The SC, which had earlier condemned “bulldozer justice” that has been meted out by several states, said, “Heavens won’t fall if we ask you to hold your hands till the next hearing.”

The bench further said that even if there is one instance of illegal demolition in India, “it will be against the ethos of our Constitution”. When Solicitor General Tushar Mehta told the bench that a “narrative” was being built over the demolition of properties, the court said, “Rest assured that outside noise is not influencing us.” In the last hearing, the apex court had come down heavily on “bulldozer justice” being carried out by some states in the country where the houses of the accused in a crime were demolished, saying that demolition threats are inconceivable in a country where the law is supreme. “In a country where actions of the state are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally-constructed residence. Alleged involvement in crime is no ground for the demolition of a property,” the court had earlier said.