NEW DELHI: The Supreme Court on Wednesday said resorting to bulldozer action by the state authorities to demolish house and shop of a person accused of an offence is totally unconstitutional, violative of the fundamental and statutory rights of the citizens.
A bench of Justices B R Gavai and K V Vishwanathan held the Executive can't take upon themselves the task assigned to the judiciary.
"The executive cannot become a judge and decide that a person is guilty and therefore punish him by demolishing their house," the court said, declaring such actions would dealt with heavy hand.
The court held that the residential or commercial property of an accused or convict of a crime can't be demolished without following the due process of law as the right to shelter is one of the facet of fundamental right under Article 21 of the Constitution.
In detailed guidelines against such arbitrary and highhanded actions by the state authorities, the court said such actions by the state officers would be violative of the fundamental principle of separation of power wherein the judiciary is entrusted to adjudicate upon such issues.
The court said life, liberty and property of the citizens can't be taken away arbitrarily and it is the State's responsibility to maintain law and order and protect the citizens.
The bench underscored the principles of presumption of innocence of the accused until held guilty, to asset that even the convict is granted protection under the law against any arbitrary action.
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Such punishment can't be enforced without following the due process, it said.
"It is not a happy sight to see women, children and aged people rendered homeless in such fashion," the bench said.
It said the officers of the State can't take upon themselves functions to be performed by the judiciary and act in violation of fundamental and statutory rights of the citizens.
It would be "totally unconstitutional", if the executive started declaring a person as guilty.
There may be unauthorised constructions which may be compoundable in such cases, the bench said.
The court said before carrying out demolition of a house or commercial property, the concerned authorities must satisfy themselves that no other option was available before them.
It said construction of a house is result of years of dream, aspirations and collective hope of family.
The court, in order to allay the fears of the citizens, issued directions under Article 142 of the Constitution to do complete justice to direct a 15 days notice must be given to the person before resorting to demolition, spelling out the nature and extent of unauthorised constructions.
In its directions, the court also ordered for creation of a digital portal detailing such action by the state authorities.
It said demolition order would not be implemented for 15 days and all the proceedings should be videographed and preserved and be displayed on digital portal.
The bench clarified violation of its order by any officer would lead to contempt proceedings and prosecution separately.
The officers will be held for responsible for restitution of the property and payment of damage in such cases, it said.
The court directed for sending its order to all the High Courts and state governments for issuance of a circular for the officers concerned.
The bench also clarified the directions would not be applicable to unauthorised constructions on public lands, roads, water bodies and lands abutting railways.
A plea filed by Jamiat Ulama I Hind and others against arbitrary actions by state governments across the country.
The case was listed as 'In Re: Directions in the Matter of Demolition of Structures'.
