New Delhi. The Supreme Court has given an important decision on bulldozer action. He has banned bulldozer action. This order of the Supreme Court is not for any one state, but for the entire country. The court has said that someone’s house cannot be demolished merely on the basis that he is guilty or accused in a criminal case. Our order is that in such a situation the authorities cannot ignore the law and take action like bulldozer action. The court has said that instructions can be issued to the executive to further the fundamental rights and to realize the statutory rights.
The court said what judicial functions can the state government perform and the state cannot replace the judiciary in performing core functions. It would be completely unjust if the state demolishes it. Properties cannot be demolished without following the legal process. In the cases that came to us, it is clear that the authorities took bulldozer action without flouting the law. The bench headed by Justice BR Gavai gave this decision. The Supreme Court had banned the bulldozer action on September 17. Petitions were filed against bulldozer action in many states. Jamiat Ulema-e-Hind was also included among the petitioners.
What did the Supreme Court say?
– Two houses at the same place, built in the same manner, one owned by the accused, the other owned by someone else, both would be illegal. Only the accused’s house cannot be called illegal – Supreme Court
– Justice Gavai said that a house is not built in a day, it is built after years of hard work. If the son is the accused in the family then how can the father bear the consequences?
– The Supreme Court has ordered to create a portal in 3 months. The court said that complete information about illegal construction should be given in the notice. No action should be taken till 15 days of notice. People should be given time before taking action. Also, no action should be taken without listening to the parties.
– While reading the copy of the decision on bulldozer action, the Supreme Court has issued 6 guidelines, in which it is necessary to give notice before bulldozer action, no action can be taken without hearing the parties, notice through post, it is necessary to give information about the notice to the DM, the court said 142 Instructed under, included.
– Citing three decisions including Indira Gandhi vs. Raj Narayan, the Supreme Court said that if any action is taken against the law, then the system is clear that it is the responsibility of the court to provide protection to civil rights. Can the properties of persons accused or even convicted of committing crimes be demolished without following due process of law?
Justice BR Gavai, commenting, said, ‘The rule of law is the foundation of democratic government… The issue relates to fairness in the criminal justice system, which mandates that the legal process is not biased towards the guilt of the accused. A family’s house is suddenly demolished. In such a case, should action be taken against the accused officers or not? We will give decision on all such questions, because this is an issue related to rights.
– Government powers should not be misused. While reading the decision, Justice Gavai said that the executive cannot replace the judiciary. No one can be found guilty merely by making allegations.
– Punishment cannot be given by demolishing a house without a trial. We have considered the guidelines. If we demolish the house illegally then give compensation. There is a need for strict action against officers who act arbitrarily.
– Justice BR Gavai is reading the verdict on bulldozer action. He said, ‘Having a home is a longing that never ends… Every family dreams of having a home of their own… An important question is whether the executive should be allowed to take away shelter as a punishment… ? We need to consider the principle of rule of law which is the basis of the Indian Constitution.
In a judgment on November 6, the Supreme Court said ‘this is completely unacceptable under the rule of law.’ The Supreme Court said that “bulldozer justice” is completely unacceptable under the rule of law as the voice of citizens cannot be suppressed by threatening to destroy their property. The bench of Justices JB Pardiwala and Manoj Mishra had said, ‘Bulldozer justice is completely unacceptable under the rule of law. If this is allowed, the constitutional recognition of the right to property under Article 300A will end.
While giving the verdict on Bulldozer Justice on September 17, the Supreme said that no demolition can be done without our (Supreme Court) permission. A bench of Justices BR Gavai and KV Vishwanathan had said that its order would not apply to unauthorized structures on public roads, footpaths, water bodies and railway tracks.
What did the bench of judges say?
Justice KV Vishwanathan said, ‘Outside noise is not affecting us. At this time we will not get into the question of which community…’ Justice Gavai said, ‘This story is not affecting us. We have made it clear that we will not come in the way of unauthorized construction… But, the government cannot be a court.
