Demolition Of Alleged Drug Peddler's Houses In Punjab | HC Seeks Reply Of State In Plea Seeking Implementation Of SC's Ruling On “Bulldozer Justice”

The Punjab & Haryana High Court today sought a response from the Punjab Government and other authorities on a Public Interest Litigation (PIL) filed seeking the implementation of guidelines issued by the Supreme Court against bulldozer action and provisions of NDPS Act, following the reported demolition drive by the Punjab Police of drug peddler's property.

According to a newspaper report published on February 28, the Punjab Police have been razing the properties of alleged drug suppliers in their latest measure against drugs. Last week, the Ludhiana city police said they demolished illegal constructions linked to two drug peddlers and have identified 78 more such properties that will be razed.

Chief Justice Sheel Nagu and Justice Sumeet Goel issued a notice to the Punjab Government, Punjab's Secretary of Transport Department, Commissioner of Ludhiana Police, Zonal Director of National Control Bureau, Chandigarh.

Last year in November, sending a strong message against the trend of "bulldozer justice", the Supreme Court held that the executive cannot demolish the houses/properties of persons only on the ground that they are accused or convicted of a crime.

"The executive cannot declare a person guilty, as this process is the fundamental aspect of the judicial review. Only on the basis of the accusations, if the executive demolishes the property/properties of such an accused person without following the due process of law, it would strike at the basic principle of rule of law and is not permissible. The executive cannot become a judge and decide that a person accused is guilty and, therefore, punish him by demolishing his residential/commercial property/properties. Such an act of the executive would be transgressing its limits," the Court had then said.

The plea filed by the People Welfare Society, also sought immediate directions necessary, ensuring strict implementation of proper Procedure provided for Forfeiture of illegally acquired Property under Chapter V-A of the NDPS Act, Section 107 of BNSS, 2023 provided for 'attachment, Forfeiture and recovery of property' (Proceeds of Crime) and further ensure implementation of section 19 (a) to (c) of M.V. Act, 1988, in order to curb "Drug Menace' prevailing in State of Punjab and further to save themselves from contempt proceedings.

Newspaper reports were cited in the petition, which stated that the Punjab Police had demolished the houses of alleged drug pedlars on the grounds that the property was acquired from the drug trade.

"The police have also claimed that they have identified well-nigh 78 more drug peddlers would soon be razed in Ludhiana. It is further said that they have already attached properties worth Rs. 94 crores associated with 112 smugglers," it added.

During the hearing, counsel appearing for the petitioner-advocate Kanwar Pahul Singh submitted that there is no provision for demolition of the property of the accused of drug peddling if the authorities are demolishing under the NDPS Act. The NDPS Act only provides for Attachment and Forfeiture of the property, he added.

The Court also enquired how the Supreme Court's judgement In Re: Directions in the matter of Demolition of Structures v. and Ors was relevant in the present case. The counsel responded that it is a general guideline against the demolition of property of the accused of a crime, which needs to be followed by the authorities

Considering the submissions, the Court asked all the respondents to file reply.

The matter is listed for March 25, for further consideration.

Title: PEOPLE WELFARE SOCIETY v. STATE OF PUNJAB AND OTHERS