Executive Cannot Punish by Demolishing Properties of Accused
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Srinagar: In a landmark judgment, the Supreme Court firmly opposed the trend of “bulldozer justice,” ruling that the executive cannot demolish properties based solely on accusations or convictions.
The Court stated that such actions, bypassing judicial processes, violate the rule of law and undermine the principle of separation of powers.
The Court emphasized that it is solely within the judiciary’s authority to declare someone guilty and that executive actions must respect this boundary.
Demolishing the property of an accused person without due process amounts to unlawful punishment by the executive, the Court observed.
The ruling highlighted that the sight of bulldozers demolishing properties without following natural justice principles reflects a dangerous erosion of law, recalling times when “might was right.” Such actions, the Court asserted, have no place in a constitutional democracy grounded in the rule of law.
Any executive excesses, including demolitions conducted without lawful justification, will be addressed firmly. The Court warned that those responsible for such unlawful demolitions may be personally liable for restoring properties and paying damages.
The Supreme Court directed that copies of its judgment be circulated to Chief Secretaries of all states and Union Territories, as well as Registrar Generals of all High Courts. All state governments must issue circulars to authorities to implement the Court’s order.
The Court expressed gratitude for insights provided by senior advocates, including Dr. Abhishek Manu Singhvi and Prashant Bhushan, and acknowledged Senior Advocate Nachiketa Joshi for compiling these suggestions. Solicitor General Tushar Mehta was also appreciated for presenting the case with objectivity.
