The Supreme Court pronounced judgment on 13 November on petitions seeking directions against “bulldozer actions” by state governments to demolish properties of persons accused of crimes.
- Justice Gavai pointed out that this offends the constitutional guarantee of the right to shelter under Article 21.
- The apex court, in its verdict, invoked extraordinary powers under Article 142 of the Constitution to issue a slew of “binding directives” to fasten accountability on public officials. They include 15 days’ prior notice of demolition to the occupants.
- The directions would not be applicable in case of encroachment into public property or if the demolition was ordered by a court.
- Justice Gavai said the government could not transform itself into a judge to find an accused guilty without trial and deliver a “collective punishment” to him and his family by wrecking their home and their shared memories with a bulldozer.
- The judges further directed the authorities to ensure that the entire demolition process is thoroughly videographed.
- Following this, a detailed demolition report must be prepared, specifying the names of the police officials and personnel involved in the operation.
