A Supreme Court (SC) bench of justices B.R. Gawai and K. Viswanathan, on Wednesday, pronounced verdict on 'bulldozer justice', emphasising fairness in criminal justice system and accountability on the part of concerned administration.
The verdict follows the petitions filed with the top court by Jamiat Ulama-i-Hind and others seeking directions to various state governments to ensure no further demolition of properties of those accused in criminal cases. Notably, among the petitioners was former Rajya Sabha MP and CPI-M leader Brinda Karat.
"Having a home is a longing that never fades...it is dream of every family to have a house...an important question whether executive should be permitted to take away shelter as a major infliction of penalty..." Justice Gavai remarked.
He further emphasised that the "legal process should not prejudge guilt of accused". "Rule of law is foundation of democratic govt...the issue regards fairness in criminal justice system, which mandates that legal process should not prejudge guilt of accused", he said.
"We have considered the rights guaranteed under the Constitution that provide protection to individuals from arbitrary state action. Rule of law provides framework to make sure individuals know property will not be taken away arbitrarily", Justice Gavai further said.
He further observed that adjudicatory functions are entrusted to the judiciary and that the executive cannot replace the judiciary in performing its core function.
Justice B.R. Gavai further highlighted that public officials who take laws in their hands and act in high-ended manners must be held accountable. "We have referred to the doctrine of public trust and public accountability. We have concluded, if executive demolishes house of person arbitrarily merely because he is accused, it violates principle of separation of powers", he said.
"If any officer of the State has abused his power or acted in total arbitrary or malafide manner, he cannot be spared", added the SC judge.
He also remarked that the executive cannot declare a person guilty.
"Right to shelter a fundamental right": Justice B.R. Gavai
In a strong remark against the 'bulldozer justice', Justice B.R. Gavai called for greater accountability on the part of the concerned state governments and administration.
"Excesses at hands of executive will have to be dealt with heavy hand of the law. Our constitutional ethos do not permit any such abuse of power...cannot be tolerated by Court of law. In such cases, executive would be guilty of taking the law in its hand and giving a go-by to principles of Rule of Law. Right to shelter, tracing it to Article 19, has been held to be a fundamental right", he stated.
Justice Gavai also observed that demolishing a property removes shelter from the heads of people who are not directly or indirectly involved in the crime.
"Question to be considered if only 1 person residing in house is accused, would authorities be permitted to demolish entire structure and remove shelter from heads of persons who are not directly or indirectly related to the crime", he stated.
He further said that for an average citizen, construction of house is culmination of years of hard-work, dreams and aspirations.
