HC issues notice to Punjab on PIL against demolitions by cops

The Punjab and Haryana High Court today issued notice of motion to the state government on a petition filed in public interest seeking the enforcement of Supreme Court guidelines against the bulldozer action on properties linked to alleged drug peddlers. The plea highlights concerns over the legality of such demolitions and seeks adherence to the due process.

Taking up the PIL filed by the People Welfare Society, the Division Bench of Chief Justice Sheel Nagu and Justice Sumeet Goel fixed the matter for further hearing on March 25.

In November last year, the SC had held that the Executive could not demolish the houses/properties of persons only on the ground that they were 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 of such an accused 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 is guilty and, therefore, punish him by demolishing his residential/commercial property. Such an act of the Executive would be transgressing its limits,” the court had asserted.

Among other things, the petitioner sought directions to ensure the strict implementation of legal procedures for the forfeiture of illegally acquired properties under Chapter V-A of the Narcotic Drugs and Psychotropic Substances (NDPS) Act and Section 107 of the BNSS, 2023. The plea also called for the enforcement of Section 19(a)-(c) of the Motor Vehicles Act, 1988, to address the drug menace in Punjab and to prevent potential contempt proceedings against officials.