India: SC freezes 'bulldozer justice'; no demolitions without approval until October 1

India's Supreme Court, on Tuesday (Sep 17), issued a strong warning to state authorities regarding the use of "bulldozer justice," emphasising that even a single case of unlawful demolition goes against the principles of the Indian Constitution.

The court has ordered a halt to all such demolitions nationwide until October 1, when the matter will be reviewed again. It clarified that no property should be demolished without its approval, except in cases where the structures are illegal and located on public roads or footpaths.

A bench of Justices B RGavai and K VViswanathan was addressing petitions that claimed properties belonging to individuals accused of crimes were being torn down in several states.

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Condemning the practice of "bulldozer justice," which some states have been accused of, the apexcourt remarked, "Heavens won't fall if we ask you to hold your hands till the next hearing."

Solicitor General Tushar Mehta argued that a "narrative" was being built around the demolitions, to which thecourt responded, "Rest assured that outside noise is not influencing us."

Previously, the top court had pointed out, "In a country where actions of the state are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally-constructed residence. Alleged involvement in crime is no ground for the demolition of a property."

It further stated, "Moreover, the alleged crime has to be proved through due legal process in a court of law. The court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise, such actions may be seen as running a bulldozer over the laws of the land."

On September 2, the Supreme Court had indicated that it would issue nationwide guidelines to regulate demolitions across the country.

"We are on broad guidelines so that there is no bulldozer tomorrow and that it is documented and checked so that neither side points any lacunae...Why cannot some guidelines be passed so that it is followed? There can be notice, time to file a reply, time to pursue other legal remedies and then the demolition...we want to resolve this on a pan-India basis," said Justices Gavai and Viswanathan.

(With inputs from agencies)