Bulldozer Justice: Supreme Court Reserves Verdict and Extends Stay on Its Order Banning Authorities From Demolishing Houses of Accuseds

Today (October 01, 2024), the Supreme Court (SC) of India reserved its verdict on a batch of petitions against the demolition of houses or shops of the accused in criminal proceedings as a punitive measure (‘bulldozer actions’ or bulldozer justice’). The bench also extended its earlier order to ban authorities from demolishing the houses of suspected criminals without seeking the Court’s permission. The two-judge bench of Justice BR Gavai and Justice KV Viswanathan said “Whatever directions we issue will be for pan India and apply to all equally. We are a secular country and our directions will be for all irrespective of religion or community. Of course, for encroachments we have said...if it is on public road or footpath or water body or railway line area, we have clarified. If there is any religious structure on the middle of the road be it gurudwara or dargah or temple, it cannot obstruct public.” 

During the proceedings, Senior Advocate CU Singh, who appeared for the petitioner, submitted, “We understand that the State has a legitimate interest in protecting public land. But none of that obviates the need for people to be given notice. Very rarely is there a demolition of eminent emergency. There are several cases, where is FIR today, and demolition is on the next day. Demolitions have taken place even after your Lordships' order in Gujarat. 28 peoples' houses demolished.” He clarified that people from all communities faced the brunt of such actions as well as highlighted the concern regarding the misuse of municipal laws as a crime-fighting measure. He added, “The reason we are seeking an increased notice period and additional safeguards is that the demolitions are carried out while the people are picked up and incarcerated…There can't be grandstanding on this basis. People are seeking votes on this basis.” After hearing the arguments made by other lawyers including Senior Advocate (SA) Abhishekh Manu Singhvi, SA Sanjay Hegde, SA MR Shamshad, and Advocate Nizam Pasha, the SC bench reserved its verdict.