SC's BIG Order On Bulldozer Justice: 'If Demolition Found Illegal, Property Will Have To Be...'

The bench of Justice BR Gavai and Justice KV Viswanathan was hearing petitions challenging bulldozer action against people accused of crimes. The SC made it clear that the violation of its guidelines will amount to contempt of court.
SC's BIG Order On Bulldozer Justice

SC's BIG Order On Bulldozer Justice

New Delhi: The Supreme Court today said that if demolition is found to be illegal, the property will have to be reconstituted. The court also stressed that public safety is paramount and any religious structure encroaching upon a road, water bodies, or rail tracks must go.
The bench of Justice BR Gavai and Justice KV Viswanathan was hearing petitions challenging bulldozer action against people accused of crimes. The trend, which has caught on in several states, is often referred to as 'bulldozer justice'.
“Whether it be temple or dargah, it has to go. Public safety is paramount,” the top court. The SC made it clear that the violation of its guidelines will amount to contempt of court.
Solicitor General Tushar Mehta represented three states in the matter — Uttar Pradesh, Gujarat and Madhya Pradesh. He clarified that being accused in a criminal case does not justify bulldozer action, even for severe crimes like rape or terrorism. Mehta emphasised the importance of prior notice, suggesting that it should be issued via registered post to ensure fairness.
The apex court during the hearing questioned Mehta if being accused in a criminal case can be a ground for facing bulldozer action, the Solicitor General said, “Absolutely not, even for heinous crimes like rape or terrorism. Like my lord said it cannot also be that the notice issued is stuck one day before, it has to be in advance.”
Earlier on September 17, the top court bench had said there will be no demolition of properties, including of those accused of crime, till October 1 without its permission. The apex court had then said that the order is not applicable to encroachments on public roads, footpaths, railway lines, or other public spaces.
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    Harish V Nair author

    Harish V Nair is Senior Editor (Legal) with Times Now TV. In his journalism career spanning 20 years, he has specialised in coverage of Supreme Court ...View More

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