‘Executive cannot replace judiciary in performing its core function’: Supreme Court on bulldozer action-OxBig News Network

Bulldozer action: The Supreme Court is pronouncing its verdict today on pleas seeking the framing of guidelines on the demolition of properties in the country. The Supreme Court is pronouncing its verdict today on pleas seeking the framing of guidelines on the demolition of properties in the country. A bench headed by Justices B R Gavai and KV Vishwanathan is giving the verdict.

Justice Gavai said, “Having a home is a longing that never fades…it is a dream of every family to have a house…an important question whether the executive should be permitted to take away shelter as a major infliction of penalty…” The apex court said that the rule of law is the foundation of democratic govt and the issue regards fairness in the criminal justice system, which mandates that legal process should not prejudge the guilt of the accused.

 The Supreme Court said that we are issuing the order after hearing all the parties. While issuing the decision, many decisions of the Supreme Court have also been considered. “We have considered the rights guaranteed under the Constitution that provide protection to individuals from arbitrary state action. Rule of law provides a framework to make sure individuals know the property will not be taken away arbitrarily,” the court said.

 State and its officials can’t take arbitrary and excessive measures. When right of accused/convict is violated by State on account of arbitrariness, etc…there has to be restitution.  If any officer of the State has abused his power. or acted in total arbitrary or malafide manner, he cannot be spared.

The executive can’t declare a person guilty. If based only on allegation, it demolishes his house, it would strike at basic principle of Rule of Law. Executive can’t become a judge and decide to demolish an accused’s property.

 Excesses at hands of executive will have to be dealt with heavy hand of the law. Our constitutional ethos do not permit any such abuse of power…cannot be tolerated by Court of law.

In such cases, executive would be guilty of taking the law in its hand and giving a go-by to principles of Rule of Law. Right to shelter, tracing it to Article 19, has been held to be a fundamental right.