SUPREME COURT HALTS BULLDOZER INJUSTICE

In a significant ruling with far-reaching ramifications, the Supreme Court has put a halt to Bulldozer Injustice through which various State governments were infringing the rule of law and demolishing houses or buildings owned by the accused in cases of heinous crimes.

- PANKAJ VOHRA

The Court in its judgment laid down certain specifications that need to be followed while demonstrating that the Executive could not act as both the prosecutor and the executioner.

The end to the "despotic Executive" actions also imply that the concept of the separation of powers and checks and balances as reflected by the Constitution had its sanctity, and it was the judiciary alone which could fix a punishment, and not those who held positions of power in the government.

The decision does not apply to the structures which are facing demolition for being unauthorized and where the due process has been followed and observed.

The Apex Court has also sent a warning to officials that they would be held liable for their actions if they violated the court directive and money would be deducted from their salaries to compensate those who had been affected by their over-enthusiasm to demolish houses without adhering to the laid-down procedures.

Bulldozer injustice had become the symbol of many State governments which took it upon themselves to raze structures belonging to accused persons in what was often described as popular justice.

In fact, the court order has come very late and many legal eagles believe that the Apex court should have taken note of these demolitions suo moto since they were being widely telecast by the state governments in order to derive political advantages.