16 - Nov - 2024

Supreme Court puts brakes on ‘bulldozer culture’.

The Supreme Court of India, in it's judgement delivered on 13th November, 2024, has termed demolition of houses by certain state governments, using bulldozers, is against the Constitution. In a 95 page judgement, delivered by the bench consisting of Justice B.R. Gavai and Justice K.V. Viswanathan, in their 95 page judgement, termed the destroying of homes, leaving families homeless, is nothing short of ‘anarchy’. It is indulging in naked display of ‘might is right’, without thinking about the victims. Justice Gavai said the government could not transform itself into a judge, to find an accused guilty without trial and deliver a “collective punishment” to him and his family by wrecking their home. The court further reminded the state governments that, an accused is presumed innocent, until proven guilty in a court of law. The court asked, “If his spouse, children, parents live in the same house or co-own the same property, can they be penalised by demolishing the property without them even being involved in any crime? As is well known, a pious father may have a recalcitrant son and vice versa, said the court. It is also ordered by the court that, officials who violate these directives would face contempt action and would be prosecuted. They would be liable for the restitution of the demolished property, the court said.

[ Courtesy: The Hindu dated 14-11-2024]