Editor's Pick | “Bulldozer justice” not allowed by law, says SC

A Supreme Court bench on September 2 raised questions about the bulldozing by States of the properties of those accused in criminal cases, or the homes of their relatives, in what amounted to public retribution. The Bench, which comprised Justice B.R. Gavai and Justice K.V. Viswanathan, highlighted that the law did not allow for such destruction, even for the homes of convicts. Recent demolitions in Madhya Pradesh and Rajasthan had prompted the petition. Appearing for the petitioners, senior advocate Dushyant Dave urged the Court to state that “bulldozer justice will not be meted out anywhere in the country”. Justice Viswanathan said that the Supreme Court planned to lay down uniform guidelines pertaining to demolition of unauthorised structures, noting that if they laid down guidelines and digitalise the process, “neither authorities nor the persons concerned can take advantage.” Appearing for the Uttar Pradesh government, Solicitor-General Tushar Mehta said that municipal laws provided for the demolition of illegal structures, and denied that there were any targeted, communal or retributive demolitions by States. Demolitions are carried out after following due statutory procedures and the government did not believe in engaging in retributive demolitions of the homes of those accused of crime, he added. Citing the example of a person accused of crime who is already subject to a notice handed down by the authorities about an impending demolition, Mr Mehta pointed out:“From the facts gleaned in many cases, notices had been sent to these persons. They later happened to be accused in crimes.” Justice Gavai acknowledged that municipal laws do provide for the demolition of illegal constructions, but said that they seem to be implemented “more in breach.” The Court is not protecting any unauthorised structure, even temples or religious structures, he remarked. Further, he underscored that “immoveable properties can be demolished only in accordance with procedure laid down in law.” The case has now been listed on September 17 for the Court to formulate guidelines in the matter. The Hindu’s Editorials ​Enhancing oversight: On the GST Council meet and issues Another escalation: On the Manipur ground report The Hindu’s Daily Quiz How many seats does the Jammu and Kashmir Legislative Assembly have? 60 90 70 80 To know the answer and to play the full quiz, click here. [logo] Editor's Pick 03 September 2024 [The Hindu logo] [EP Logo] Editor's Pick 03 September 2024 In the Editor's Pick newsletter, The Hindu explains why a story was important enough to be carried on the front page of today's edition of our newspaper. [View in browser]( [More newsletters]( “Bulldozer justice” not allowed by law, says SC A Supreme Court bench on September 2 raised questions about the [bulldozing by States of the properties of those accused in criminal cases]( or the homes of their relatives, in what amounted to public retribution. The Bench, which comprised Justice B.R. Gavai and Justice K.V. Viswanathan, highlighted that the law did not allow for such destruction, even for the homes of convicts. Recent demolitions in Madhya Pradesh and Rajasthan had prompted the petition. Appearing for the petitioners, senior advocate Dushyant Dave urged the Court to state that “bulldozer justice will not be meted out anywhere in the country”. Justice Viswanathan said that the Supreme Court planned to lay down uniform guidelines pertaining to demolition of unauthorised structures, noting that if they laid down guidelines and digitalise the process, “neither authorities nor the persons concerned can take advantage.” Appearing for the Uttar Pradesh government, Solicitor-General Tushar Mehta said that municipal laws provided for the demolition of illegal structures, and denied that there were any targeted, communal or retributive demolitions by States. Demolitions are carried out after following due statutory procedures and the government did not believe in engaging in retributive demolitions of the homes of those accused of crime, he added. Citing the example of a person accused of crime who is already subject to a notice handed down by the authorities about an impending demolition, Mr Mehta pointed out:“From the facts gleaned in many cases, notices had been sent to these persons. They later happened to be accused in crimes.” Justice Gavai acknowledged that municipal laws do provide for the demolition of illegal constructions, but said that they seem to be implemented “more in breach.” The Court is not protecting any unauthorised structure, even temples or religious structures, he remarked. Further, he underscored that “immoveable properties can be demolished only in accordance with procedure laid down in law.” The case has now been listed on September 17 for the Court to formulate guidelines in the matter. The Hindu’s Editorials [Arrow][​Enhancing oversight: On the GST Council meet and issues]( [Arrow][Another escalation: On the Manipur ground report]( The Hindu’s Daily Quiz How many seats does the Jammu and Kashmir Legislative Assembly have? - 60 - 90 - 70 - 80 To know the answer and to play the full quiz, [click here.]( Today’s Best Reads [[CBI arrests R.G. 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