Can’t bulldoze due process
Hindustan TimesThe Supreme Court’s sharp disapproval of the use of earthmovers to demolish the homes of those accused, especially in cases where there is considerable public outrage, has come not a moment too soon. The troubling practice — where authorities clearly step outside the bounds of due process and don a retributive avatar to destroy homes and properties of people not declared guilty by any institution — might be a populist move, but it frustrates the principle of natural justice. A top court bench of justices Bhushan R Gavai and KV Viswanathan raised a string of valid questions, including how a house could be demolished simply because someone is accused of a crime, noting that even a conviction does not justify such an action without following proper legal procedures. In a bid to look tough on crime, state and local governments have used the heavy-handed tactic to dispense quick “justice” by demolishing properties even as judicial proceedings are pending before courts. These guidelines could establish a uniform legal framework across states, ensuring that any such action is grounded in due process and not driven by extra-judicial motives.