New Delhi: The Supreme Court of India has ruled against the practice of demolishing properties as a punitive measure against accused individuals, stating that such actions by the executive without judicial oversight violate constitutional principles. The court stressed that the executive cannot act as a judiciary and determine guilt, asserting that any demolition carried out without the necessary legal permissions would be "arbitrary."
In its judgment, the bench led by Justice BR Gavai upheld that the rule of law is essential to democratic governance and affirmed that an individual’s guilt cannot be assumed. "If the executive demolishes a person’s house solely because they are accused, it violates the principle of separation of powers," Justice Gavai said. He further noted that such actions, when not following due legal process, are unconstitutional.
The court also highlighted that a house represents more than just a physical structure, it is a symbol of dignity. Demolishing a home without proper procedures can cause severe hardship, particularly for vulnerable groups such as women and children. Justice Gavai expressed concern over families being displaced without due process.
Alongside the verdict, the Supreme Court issued pan-India guidelines to prevent arbitrary demolitions. It mandated that all demolition activities must be video recorded, with footage preserved, and a comprehensive demolition report submitted to the district collector and published on a public digital portal.
Additional procedural safeguards were also outlined: no demolition can occur without a show-cause notice, and a minimum of 15 days must pass from the issuance of the notice before any action is taken. However, the guidelines will not apply in cases involving unauthorized construction on public land or where a court has ordered demolition.
The ruling highlights that individuals, even if accused or convicted, retain constitutional rights and protections under criminal law. This judgment represents a significant measure to ensure that the executive’s actions adhere to legal standards and respect the rights of individuals, particularly those in vulnerable situations.
BI Bureau
