Case Note & Summary
This batch of writ petitions under Article 32 of the Constitution of India raised a grievance that residential and commercial properties of persons accused of crimes were being demolished by state machinery without due process of law. The petitioners sought directions to the Union of India and concerned States to prevent such precipitative action and to take action against officials involved in illegal demolitions. The Supreme Court heard extensive submissions from senior counsel for the petitioners, the Solicitor General for the Union, and various intervenors. The Court examined the constitutional framework, emphasizing the rule of law, separation of powers, the doctrine of public trust, the right to shelter under Article 21, the presumption of innocence, and the prohibition of collective punishment. The Court noted that the executive cannot use demolition as a penalty for crime, as that usurps the judicial function. It held that any demolition must follow a fair procedure, including issuance of a show cause notice, consideration of reply, personal hearing, and a reasoned order. The Court laid down pan-India guidelines requiring that no demolition of any property shall be carried out without following due process, and that properties of accused persons cannot be demolished solely on the ground of their involvement in a criminal case. The Court directed that existing demolitions carried out in violation of these principles may be challenged before appropriate forums. The judgment aims to protect the fundamental right to shelter and ensure that the executive acts within the bounds of law.
Headnote
A) Constitutional Law - Rule of Law - Separation of Powers - Demolition of properties of accused persons by executive without due process violates rule of law and separation of powers - The executive cannot assume the role of judge and jury by demolishing properties as punishment for alleged crimes - Held that such actions are unconstitutional and must cease (Paras 14-44). B) Constitutional Law - Right to Shelter - Article 21 - Right to shelter is a fundamental right under Article 21 - Demolition of a dwelling without following due process infringes the right to life and personal liberty - Held that the state cannot deprive a person of shelter except by procedure established by law (Paras 76-86). C) Criminal Law - Presumption of Innocence - Natural Justice - An accused is presumed innocent until proven guilty - Demolition of property based on accusation alone violates presumption of innocence and principles of natural justice - Held that no precipitative action should be taken against properties of accused (Paras 63-75). D) Constitutional Law - Collective Punishment - Prohibition - Demolition of properties of family members or associates of an accused amounts to collective punishment, which is impermissible under the Constitution - Held that punishment must be individual and based on guilt proved in court (Paras 87-89). E) Administrative Law - Doctrine of Public Trust - Public Accountability - State authorities hold public trust and must act fairly and transparently - Demolition without notice or hearing breaches public accountability - Held that strict compliance with procedure is mandatory (Paras 45-54).
Issue of Consideration
Whether the executive can demolish residential or commercial properties of a person accused of a crime as a measure of penalty without following due process of law under the constitutional scheme.
Final Decision
The Court laid down pan-India guidelines that no demolition of any property shall be carried out without following due process of law. Properties of accused persons cannot be demolished solely on the ground of their involvement in a criminal case. Any demolition must be preceded by a show cause notice, consideration of reply, personal hearing, and a reasoned order. Existing demolitions in violation may be challenged before appropriate forums. The Court directed strict compliance and accountability of officials.
Law Points
- Rule of law
- separation of powers
- doctrine of public trust
- right to shelter
- presumption of innocence
- natural justice
- prohibition of collective punishment
