The Supreme Court, on Wednesday, firmly stated that the executive branch cannot act as a judge and override judicial decisions. The Court was hearing petitions seeking to halt 'bulldozer' actions taken against accused individuals as a form of punitive measure.
Here are the top quotes from the Supreme Court:
Public officials should be made accountable
“We have concluded if the executive in an arbitrary manner demolishes the house of a citizen only on the ground that they are accused of a crime, then it acts contrary to the principles of rule of law… We are of the view that in such matters, the public officials who take the law in their hands should be made accountable for such high-handed actions.”
It reminds one of a lawless state of affairs
“The chilling sight of a bulldozer demolishing a building, when authorities have failed to follow the basic principles of natural justice and have acted without adhering to the principle of due process, reminds one of a lawless state of affairs, where ‘might was right’.”
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It violates the principle of separation of powers
“If the executive acts as a judge and inflicts a penalty of demolition on the citizen on the ground that he is an accused, it violates the principle of separation of powers.”
It is wholly unconstitutional
“Right to shelter is one of the facets of Article 21. Depriving such innocent people of their right to life by removing shelter from their hands, their heads, in our considered view, would be wholly unconstitutional.”
Even the accused have certain rights
The judgement stated, “Even the accused or the convicts have certain rights and safeguards in the form of constitutional provisions and criminal law.”
State should follow due process
“State and its officials cannot take arbitrary and excessive measures against the accused or for that matter, even against the convict, without following the due process as sanctioned by law.”
There has to be institutional accountability
“When the right of an accused or a convict is violated on account of illegal or arbitrary exercise of power by the state or its officials, or on account of their negligence, inaction or arbitrary action, there has to be institutional accountability.”