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'Executive can't replace Judiciary': SC calls bulldozer action unconstitutional

The Supreme Court of India Wednesday November 13, 2024 in a strongly worded verdict called ‘bulldozer actions’ unconstitutional explicitly saying ‘an executive cannot replace judiciary’

Wednesday November 13, 2024 7:03 PM, ummid.com News Network

New Delhi: The Supreme Court of India Wednesday November 13, 2024 in a strongly worded verdict called ‘bulldozer actions’ unconstitutional explicitly saying ‘an executive cannot replace judiciary’.

Laying nationwide guidelines on ‘bulldozer actions’ initiated by some states, mainly ruled by the Bhartiya Janata Party (BJP), a bench of Justices B.R. Gavai and K.V. Viswanathan said it is ‘totally unconstitutional’ if the houses of people are demolished merely because they are accused or even convicts.

The apex court made it clear that such actions affect not only the individual rights but their entire household.

The Court's ruling emphasized that allowing such actions would undermine the rule of law and violate the principle of separation of powers, as determining guilt is the responsibility of the judiciary, not the administration.

The Court further stated that demolition based solely on accusations weakens the rule of law and amounts to a violation of constitutional principles.

The SC also highlighted that such actions could be seen as imposing "collective punishment" on the families of those accused or convicted.

The Court also directed that officers involved in demolitions without legal due process should be held accountable, and compensation should be recovered from them if they are found guilty.

"SC demands compensation"

The SC judgment today was delivered during the hearing a batch of petitions including the one (295/2022) filed by Maulana Mahmood Asad Madani, President of Jamaat Ulama-i-Hind.

Mahmood Madani hailed the SC verdict calling it a significant step towards safeguarding the rule of law and the fundamental rights of citizens.

“The SC verdict sends a clear message to those who undermine justice. It reminds us that the power to declare someone guilty lies solely with the judiciary, not the administration", Mahmood Madani said.

"The government and its officials, who acted as courts, demolishing people's properties, must understand that such unlawful actions are unacceptable. This ruling is a victory for justice, and we hope it will serve as a lesson to all authorities", he added.

Maulana Madani further emphasized that compensation should be provided to all those whose properties were demolished without proper legal procedures.

“The Constitution protects the fundamental rights of every citizen, and any unconstitutional actions that infringe upon those rights must be stopped. Jamaat Ulema-i-Hind has always fought for the protection of justice and constitutional rights, and this decision strengthens our resolve to continue this fight", he said.

SC Guidelines on "Bulldozer Justice"

1. A detailed inspection report must be prepared by the relevant authority before any demolition action.
2. The demolition process must be recorded via videography.
3. The demolition report must include the names of police and civil officers involved in the action.
4. The report must be sent to the Municipal Commissioner and made available on a digital portal.

In case of violations of these guidelines:

1. Contempt of court proceedings and legal cases will be initiated.
2. Officers responsible for violations will be personally held accountable for the restoration of the demolished property and compensation for damages.
3. A directive has been issued to send the judgment to the Chief Secretaries of all states and Union Territories and the Registrars General of all High Courts.
4. All state governments have been instructed to issue circulars informing their authorities about the decision.
   

The SC verdict is seen as a major setback for the BJP as in the states under its rule it is using bulldozer action - famous as "bulldozer justice", to intimidate and target mostly Muslims on the pretext of one thing or the other.

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