Monday , December 23 2024

The decision is of the judiciary, not the executive: Supreme

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The Supreme Court said in a major decision on Wednesday that the work done with bulldozers is unconstitutional. The court said that a person’s house cannot be demolished just because he is an accused. The court said that it is the job of the judiciary to pass judgment on the charges, not the executive. The court further said that bulldozer action cannot be taken against a person accused and convicted of a serious crime without following the rules. The Supreme Court has also issued guidelines regarding bulldozer action.

According to the court, notice will have to be given 15 days in advance for bulldozer action. The side of the accused will have to be heard. This notice will have to be sent by registered post only. Information about the notice will also have to be given to the DM. According to the court order, compensation will have to be paid for not following this procedure. Bulldozer action can be taken only when the house is completely evacuated and videography is also done. The Supreme Court said that those officers who work as per their own wish should be held responsible for this work. Before the authorities can run the bulldozer, they have to show that the building is illegal and there is no possibility of crime reduction or demolish only a part. The officer will have to mention the reason for running the bulldozer and the date of hearing in the notice. A digital portal will also be created for this process in three months. The court made it clear that if the building is demolished illegally, then the concerned officer will be booked for contempt of court and will also have to pay a fine.

Justice Gavi explained the importance of home through the lines of poet Pradeep.

Justice B. R. At the beginning of the judgement, Gavi explained the importance of a house by quoting the lines of popular Hindi poet Pradeep that every person and every family dreams of having a roof over their head.