The Supreme Court.
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New Delhi: Supreme Court judge B R Gavai on Wednesday cited a couplet of famous Hindi poet 'Pradeep' to highlight that every person wishes to have his own home and does not want this dream to be shattered ever.
Penning a 95-page verdict laying down pan-India guidelines on the demolition of properties, Justice Gavai's judgement opened with a few lines of the poet in Devanagari script.
"'Apna ghar ho, apna aangan ho, is khawab mein har koi jeeta hai; Insaan ke dil ki ye chahat hai ki ek ghar ka sapna kabhi naa choote' (To have one's own home, one's own courtyard - this dream lives in every heart. It's a longing that never fades, to never lose the dream of a home)," the introduction to the judgement read.
"This is how the importance of shelter has been described by the famous Hindi poet 'Pradeep'," the bench said. Justice Gavai authored the verdict for the bench which also comprised Justice K V Viswanathan.
The apex court said every person and family dreams of having a shelter. "A house is an embodiment of the collective hopes of a family or individuals' stability and security," it said.
The bench further said, "An important question as to whether the executive should be permitted to take away the shelter of a family or families as a measure for infliction of penalty on a person who is accused in a crime under our constitutional scheme or not arises for consideration".
It said the right to shelter is one of the facets of Article 21 (protection of life and personal liberty) of the Constitution.
Laying down pan-India guidelines, the Supreme Court bench said no property should be demolished without a prior show cause notice and the affected must be given 15 days to respond.
Coming down hard on 'bulldozer justice', the Supreme Court said the Executive cannot become a judge, declare an accused guilty and demolish his house.
"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," a bench of Justices B R Gavai and K V Viswanathan said.
The apex court said it would be "totally unconstitutional" if houses of people were demolished merely because they are accused or even convicts. The Executive can't replace the Judiciary in performing its core function, Justice Gavai said while pronouncing the verdict.