Headline
The Supreme Court of India ruled against Bulldozer Demolition of homes of Accused without due process.
Summary
In a landmark judgment ,the Supreme Court of India stated that the demolition of homes of accused by State authorities as unlawful and unconstitutional, stressing that only the judiciary can decide the guilt and inflict punishment.
Key Facts
- Case Name: In Re: Directions in the Matter of Demolition of Structures
- Judges Name: Justice B.R. Gavai and Justice K.V. Viswanathan
- The Supreme Court of India stated that demolishing homes based on an criminal background of the accused , without judicial determination of guilt, violates the constitutional rights of the accused under Article 21 of Indian Constitution.
- Arbitrary demolitions contravene the separation of powers and violate the right to shelter, affecting innocent family members.
Legal Insights
The ruling of the Supreme Court establishes that only courts are allowed and not executive authorities, can impose punishments. The Supreme Court issued detailed instructions , including notice requirements, opportunities for appeal, and steps for a fair and unbiased hearing before any demolition.
Impact
This judgment limits the power of the State to enforce “bulldozer justice” and holds officials responsible for violating procedural protection, including possible contempt charges for non-compliance.
Why It Matters
The decision safeguards rights of the individual and the integrity of the judicial process, stating that executive actions cannot substitute judicial determinations of guilt in a constitutional democracy.
Source:
