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. 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. While the charge is that most of those targeted were from the minority community, there are multiple instances where even houses belonging to the majority community were brought down by Bulldozers which had become the symbol of some State dispensations. The fallout of the ruling is that the babus will now wait for written instructions from their superiors before carrying out the orders. It means that even those who occupy senior positions would think twice before ordering such an action.
The SC order is vague in some areas and leaves a lot to interpretation. For instance, it gives a green signal for the demolition of unauthorized structures which is as per law. However, in major cities, there is always a sizable population which lives in slums and unauthorized buildings. Thus, any demolition carried out would be based on the arbitrary decisions of those who are in power. Last year, the house of a rat minor who had saved the lives of those trapped in Uttrakhand was demolished in Delhi and senior functionaries later had to intervene to assure him of compensation following a public outcry. Demolition and any drive against illegal encroachments is also driven by motives which are often not consistent with the objective. The municipal staff looks the other way if the weekly amount is paid to them in posh markets of Delhi but do not hesitate in taking away the belongings of those who do not pay. In the national capital, in the name of curbing pollution, the civic staff has been serving notices with fines on people who are charged with not conforming to the rules. This is happening in many cases after those who have been booked refused to pay bribes. This kind of corruption needs to be curbed and brought to an end. On the larger question of Bulldozer injustice, there must be action against those who carried out this act in the past and have managed to get away with their illegal actions. This would serve as a deterrent for many in the future. Courts down the line must assert their right to impart justice by not allowing over-ambitious politicians with political agendas to get away with their decisions. The State also has to behave in accordance with the rule of law and cannot set its own mechanism for dealing with those it wishes to punish. Encounter killings were devised as a method by police forces throughout the world to get rid of repeat offenders. Many in police forces in Delhi and Mumbai were given out of turn promotions for these activities instead of being punished and jailed for breaking the law. The Dirty Harrys continue to exist and the same objective became the force behind imparting the Bulldozer injustice. All this has to end if India has to make its place amongst the democracies who value the spirit of the rule of law. The aim of the Bulldozer injustice was also to frighten the families and acquaintances of the accused persons while setting up a political narrative, totally unconstitutional and illegal. Although the Apex Court has given this ruling, it is for the administration down the line to implement its spirit and not find ways and means of surpassing it through some methods. The Supreme Court also must ensure that anyone found doing that should be strictly punished and made an example of for others to see. Bulldozers were not made to raze houses but for helping in the development activities. People construct their homes so they can have a roof over their heads. It often takes a lifetime to make houses with savings and loans. The houses that were demolished not only housed the accused persons but families who had nothing to do with the actions of those who were sought to be punished. Even they were rendered homeless. There are also instances where the structures were demolished only on the basis of mere suspicion. The SC has done well and needs to lauded.
