Taking a tough stand on the issue of ‘demolition of properties,’ the Supreme Court on Wednesday said that the executive cannot replace the Judiciary, emphasising that “the legal process should not prejudge the guilt of an accused.”
The court is pronouncing its verdict on pleas seeking the framing of guidelines on the demolition of properties in the country. A bench headed by Justices B R Gavai and KV Vishwanathan is giving the verdict.
The bench said that it will be “totally unconstitutional” if houses of people are demolished merely because they are accused or even convicts.
The Apex Court held that demolishing the properties of citizens without following due process for the sole reason that they may be involved in some crime is contrary to the rule of law and directed that officials indulging in such “high-handed actions” be made accountable. The court also issued certain directions that have to be complied with before properties are demolished.
It ruled that “the executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property/properties. Such an act of the executive would be transgressing its limits”.
“The State and its officials can’t take arbitrary and excessive measures. When the right of an accused/convict is violated by the State on account of arbitrariness, etc…there has to be restitution. If any officer of the State has abused his power. or acted in a total arbitrary or malafide manner, he cannot be spared” it added.
The Supreme Court said, “Right to shelter is one of the facets of Article 21. Depriving such innocent people of their right to life by removing shelter from their hands, their heads in our considered view would be wholly unconstitutional…”.
Pronouncing the verdict, Justice Gavai said it is not a happy sight to see women and children on streets overnight. The bench directed that no demolition be carried out without prior show cause notice and within 15 days from the date of the notice being served.
It directed that proceedings of demolition shall be videographed. The bench made it clear that its directions will not be applicable if there is unauthorised construction on public land or an order of demolition by the court of law.
It said accused and convicts have certain rights and safeguards in light of the Constitution and the criminal law. The top court delivered its verdict on pleas seeking framing of guidelines on demolition of properties in the country.