Bulldozer justice: SC to pronounce verdict on Wednesday

The Supreme Court will on Wednesday pronounce its verdict on petitions challenging demolition of alleged unauthorised constructions belonging to members of a particular community in BJP-ruled states as a punitive measure.

The verdict will be pronounced by a Bench led by Justice BR Gavai at 10.30 am. The other member of the Bench is Justice KV Viswanathan.

While reserving verdict on the issue, the Bench had on October 1 said it would lay down pan-India guidelines for all citizens and that it would not protect any unauthorised construction on roads, government land or forest.

"Whatever we are laying down, we are a secular country. We are laying it down for all the citizens, for all the institutions, not for any particular community," it had said, reserving its order on petitions against demolition of properties, including of those belonging to persons accused of crime.

"We are going to make it clear that merely because somebody is an accused, or even somebody is a convict, can't be a ground for demolition," it had said, adding, "Even if it's not authorised...it's not a happy sight to see women and children on the road. Elders coming out on roads... suppose, they want to make alternative arrangements.”

The Bench, however, made it amply clear that it would not protect any unauthorised construction on roads, government land or forest and unauthorised construction made by any person, irrespective of his/her religion or belief, has to be removed.

"We will take care to ensure that our order does not help the encroachers on any of the public places," the Bench said.

"On the first day, we had pointed out that if there is any religious structure in the middle of a road, may it be a 'dargah' or some temple, it has to go because public safety and public interest is paramount," it had clarified.

The top court had on September 17 stayed demolition of properties, including those belonging to a person accused of crime.

Solicitor General Tushar Mehta had cautioned the Bench against passing any order which may result in amending existing laws.

Mehta -- who represented the governments of Uttar Pradesh, Madhya Pradesh and Gujarat -- had agreed with the Bench that alleged involvement in a criminal case cannot be a ground for demolishing someone's house.

On September 17, the Supreme Court had ordered that no demolition of properties of persons accused of crimes can take place without its prior permission. However, it had clarified that the order won't apply to encroachments on public roads, footpaths, railway lines and water bodies.

"Even if there’s one instance of illegal demolition, it’s against ethos of the Constitution," it had said, invoking its special powers under Article 142 of the Constitution (which empowers it to pass any orders to do complete justice) to halt ‘bulldozer justice’.