Supreme Court issues guidelines to halt ‘bulldozer justice’, underlines separation of powers between executive and judiciary

The Supreme Court on Thursday issued stringent guidelines to prevent “bulldozer justice,” ruling that the executive cannot assume the role of a judge by declaring an accused guilty and punishing them through property demolitions.

The Court ruled that no demolition should proceed without providing the property owner with at least 15 days’ prior notice. This notice must be delivered via registered post, clearly posted on the structure itself, and must specify the violations and legal grounds for demolition. Furthermore, all demolitions must be recorded on video, and any breach of these procedures will result in contempt of court.

The judgment, delivered by a bench comprising Justices BR Gavai and KV Vishwanathan, stressed that arbitrary and excessive actions by state authorities violate constitutional rights. The Court highlighted the principle of separation of powers, reminding the government that only the judiciary has the authority to adjudicate guilt. Any executive overreach undermines this balance and infringes on individual rights.

The ruling came in response to petitions challenging recent demolition drives across several states. One petition argued that the growing trend of unlawful demolitions was turning extra-legal punishment into a norm, with minorities and marginalized communities disproportionately targeted. The petitioners contended that such demolitions are being used as punitive measures, setting a dangerous precedent for the public, particularly for vulnerable groups.

In an earlier interim order on September 17, the Supreme Court had suspended all demolitions nationwide without judicial approval, except in cases of unauthorized construction on public roads or footpaths. This order was extended on October 1, pending the Court’s final judgment.

The petitioners sought a directive that no residential or commercial property of an accused in criminal cases should be demolished as an extra-legal form of punishment. They also called for strict adherence to legal procedures in any demolition and demanded action against officials who engage in illegal demolitions without following due process.

(with ANI input)