Supreme Court Flags Misuse of Bulldozer Action: No Grounds to Demolish Property for Alleged Crime

Supreme Court Flags Misuse of Bulldozer Action: No Grounds to Demolish Property for Alleged Crime

In a path-breaking order, the Supreme Court of India expressed its concern against the increasing trend of demolition of properties when a member of the family is found to be allegedly involved in some crime. It categorically said that the illegality or criminal action by a single person could not be a valid cause for taking action against the legally constructed properties of the remaining family members.This comes in the backdrop of incidents in parts of the country where authorities have bulldozed houses, claiming it as a punishment to the families or individuals for some suspected criminal activity. The court expressed its deep and abiding concern as to how the bulldozing order has flouted the rule of law, cautioning that such methods not only offend constitutional values . Abuse of Authority The bench, led by Chief Justice D.Y. Chandrachud, observed that demolition of a legally constructed building without due judicial or administrative scrutiny is nothing but a punitive exercise against its occupants and, therefore, an act of vengeance and abuse of power. The judges said the law must be enforced to achieve equity, and punitive action, if any, should be proportionate to the gravity of the offense and not extended to innocent family members of the accused. The bench also highlighted that such demolitions seldom observe principles of due process and thus are arbitrary, violating the fundamental rights of citizens. It is violative of Article 21 of the Constitution of India, which guarantees to its citizens the right to life and liberty, including shelter. Illegal Acts of One Cannot Punish All The real salient feature of this judgment was the line that was distinctly drawn by the court between an individual's alleged involvement with an offense and the punishment the entire family had to face. While sentencing, the court said that demolishing property on account of family members is unconstitutional and not in order. Unless specific evidence can be brought out to link the entire family to the crime, it cannot be held responsible or punished for the illegal act committed by one of its members. A Warning to States The present judgment is a warning of severe portents to all state governments who have been using bulldozers as an instrument of swift punitive action with absolute disregard for due legal process. The court implored that such actions must be regulated and checked so as to ensure that the innocents should not suffer the damage of state overreach. The Supreme Court has, therefore, sought to re-establish the rule of law by holding that alleged crime involvement would not be a ground for demolition of properties. This judgment persists in the view of amply giving a guarantee that every citizen should have rights and misuse of state power must be adequately curtailed.

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