The illusion of bulldozer justice

The comprehensive pan-India guidelines on demolition of properties issued by the Supreme Court are a strong reminder to the executive about the cardinal principle of separation of powers of the judiciary and the executive. It has demolished the illusion of “bulldozer justice” created by the executive to play to the gallery only to cover up their own failure to prevent crime. The apex court has made it clear that if the executive in an arbitrary manner demolishes the houses of citizens only on the ground that they are accused of a crime, then it acts contrary to the principles of ‘rule of law’. If the executive acts as a judge and inflicts the penalty of demolition on a citizen on the ground that he is an accused, it violates the principle of'separation of powers’. The SC expressed the view that in such matters the public officials, who take the law in their hands, should be made accountable for such high-handed actions.The SC guidelines, however, clarify that these directions will not be applicable if there is an unauthorized structure in any public place, such as a road, street, footpath, abutting railway line, or any river body or water bodies, and also to cases where there is an order for demolition made by a court of law. The guidelines state that the binding directives issued will ensure that public officials do not act in a high-handed, arbitrary, and discriminatory manner, and if they indulge in such acts, accountability must be fastened upon them. The court held that the executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review. Only on the basis of the accusations, if the executive demolishes the property or properties of such an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible. The executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property or properties. Such an act of the executive would be transgressing its limits.The SC also cautioned against individuals being unfairly punished based solely on accusations or suspicions in bulldozer action resulting in violation of the principle of criminal justice enshrined in the Constitution that “an accused is not guilty unless proven so in a court of law.” Another legal defect, which the SC observed in the bulldozer action ordered by the executive against an individual accused of a crime, is that it is not only the accused who lives in such property or owns such property but his spouse, children, and parents who live in the same house or co-own the same property. The SC bench held the view that if demolition of a house is permitted wherein a number of persons of a family or a few families reside only on the ground that one person residing in such a house is either an accused or convicted in the crime, it will amount to inflicting a collective punishment on the entire family or the families residing in such structure, which the constitutional scheme and the criminal jurisprudence never permit. Punishing such persons who have no connection with the crime by demolishing the house where they live in or properties owned by them is nothing but an anarchy and would amount to a violation of the right to life guaranteed under the Constitution, the court said. “The chilling sight of a bulldozer demolishing a building when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process reminds one of a lawless state of affairs, where “might was right." In our constitution, which rests on the foundation of ‘the rule of law’, such high-handed and arbitrary actions have no place,” added the SC bench in its observation. The guidelines warn that if the demolition is found to be in violation of the SC order, the officer/officers concerned will be held responsible for restitution of the demolished property at his/their personal cost in addition to payment of damages, and violation of the directions would lead to the initiation of contempt proceedings in addition to the prosecution. The SC will put a halt to illegal demolition of properties ordered by the executive trespassing the limits of their power. The landmark directive is also a reminder for the executive to focus more on crime prevention through strengthening of police forces and other law-enforcing agencies, timely submission of strong chargesheets against criminals, and providing more support to the judiciary for expeditious disposal of cases and speedy trial. The judiciary and the executive working in tandem to improve the criminal justice delivery system is crucial to building trust among people about getting timely justice, a crime-free society, and preventing clamour for instant justice from growing.