Key Facts About Supreme Court Of India Sc C23dba2f9a

While hearing petitions seeking a stay on bulldozer actions, the Supreme Court stated that the rule of law ensures people know their property cannot be taken away without legitimate cause. The Supreme Court, while hearing petitions seeking a stay on bulldozer actions against accused individuals, stated on Wednesday that it has considered the rights enshrined in the Constitution, which protect citizens from arbitrary state actions. The Court emphasized that the rule of law ensures that people are aware that their property cannot be seized without legitimate cause.

Accountability of Officials: The Court further remarked that it had considered the separation of powers and understood the roles of the executive and judiciary within their respective domains. Judicial functions are assigned to the judiciary, and the executive should not assume the judiciary’s role. The Court also stated that if the executive demolishes a person’s home merely because they are an accused, it violates the principle of separation of powers. The Court stressed that government officials who engage in such oppressive actions must be held accountable.

Unconstitutional to Deny an Innocent Person’s Right to Housing: The Supreme Court emphasized that the executive cannot deem someone guilty or act as a judge to decide whether the property of an accused should be demolished. The Court also stated that demolishing a person’s home after they have been found guilty of a crime is also illegal, as the executive would be overstepping its bounds by assuming judicial authority. The Court underscored that the right to housing is a fundamental right, and it would be completely unconstitutional to deprive an innocent person of this right.

Notice Requirement Before Demolition: The Supreme Court ordered that no property should be demolished without the owner being given a notice at least fifteen days in advance. This notice must be sent via registered mail and also affixed to the external wall of the building. It must detail the nature of the illegal construction, the violations involved, and the reasons for demolition. Additionally, the demolition process should be videotaped, and any failure to comply with these directives would be considered contempt of court. The Court further stated that for ordinary citizens, building a home is the result of years of hard work, dreams, and aspirations. A home represents safety and a shared hope for the future, and if it is taken away, officials must prove that this was the only possible course of action.

Interim Order by the Supreme Court: Previously, the Supreme Court had issued an interim order directing authorities to halt any demolition drives until further instructions from the Court. However, this order did not apply to illegal constructions, especially religious structures built on roads and sidewalks. The Court also emphasized that public safety is paramount, and no religious structure should be erected in the middle of roads, as it obstructs public thoroughfares.

During the hearing, the Court considered the lack of justification for demolishing homes or businesses based on allegations or accusations. Justice B.R. Gavai remarked that India is a secular nation, and any decisions made should be for all citizens, regardless of religion. He also emphasized that illegal constructions from any community, irrespective of religious affiliation, should be removed.

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