Former Chief Justice BR Gavai Condemns Bulldozer Demolitions as Executive Overreach and Violation of Constitutional Rights

Former Chief Justice of India BR Gavai has delivered a sharp critique against state authorities employing bulldozers to demolish homes of those merely accused of crimes, describing it as a disturbing instance where the executive overreaches by acting as a judicial body and imposing collective punishment without following legal procedures.

In his interview with ANI, Justice Gavai questioned the rationale behind punishing entire families for the alleged actions of one member. "When a citizen is found to be involved in a criminal act, what is the crime of his family? Why should their roof be bulldozed? The executive cannot act as a judge," he emphasized.

Justice Gavai explained that the Supreme Court's intervention in demolition cases occurred only after determining that authorities were operating "in excess" of their powers, destroying homes without proper notification or adherence to legal protocols.

He pointed out that such demolitions violate not only the rights of the accused individuals but also infringe upon the fundamental rights of parents, siblings, children, and other innocent residents. "This is nothing but taking the law into one's own hands," Justice Gavai remarked.

While acknowledging that judicial activism plays a necessary role in protecting constitutional rights, Justice Gavai stressed that it must function within established boundaries. Nevertheless, regarding bulldozer demolitions, he maintained that judicial intervention became essential to check arbitrary exercises of state power.

Justice Gavai highlighted that the Supreme Court had empowered citizens to immediately petition High Courts in cases of unlawful demolitions. The Court also established robust protective measures, specifying that officials who disregarded due process could face contempt charges. "We expected High Courts to take up such grievances promptly and apply stringent measures against those violating court directions," he said.

Significantly, Justice Gavai emphasized that if a demolition is subsequently determined to be illegal, the government bears responsibility for reconstructing the demolished structure and recovering costs personally from the officials who authorized the action. "If a house has been unlawfully demolished, it has to be reconstructed by the government and the amount recovered from those who are guilty," he clarified.