Just Not Justice – Seizure or destruction of property without following due procedure is a troubling misuse of executive power

Source: The post is based on the article “Just Not Justice – Seizure or destruction of property without following due procedure is a troubling misuse of executive power” published in The Times of India on 17th May 2023.

Syllabus: GS 2 – Government policies and interventions for development in various sectors and issues arising out of their design and implementation.

Relevance: About the seizure or destruction of property by the state.

News: Recently, the Allahabad high court’s Lucknow bench has directed the state government to return the seized property of a gangster. This is because the seizure wasn’t preceded by an inquiry into whether the property had been acquired illegally.

What are the High Court’s observations regarding the seizure or destruction of property by the state?

The court also observed that there is a growing number of appeals filed by alleged or convicted criminals and peaceful protesters whose properties have been seized or bulldozed by state machinery without following due process.

What are the issues associated with the seizure or destruction of property by the state?

The immediate seizure or destruction of property by state machinery is seen as “summary punishment” even before investigators can decide whether the seizure of property or its destruction, is warranted or lawful. For example, the houses of three accused in a gangrape case in MP’s Rewa has nothing to do with the crime they committed.

When governments and police take this summary punishment route, many lower court judges sanction these actions. Essentially, it means the executive has arrogated themselves with extra-judicial powers.

Last year, a group of former judges of HCs and the SC called the apex court’s attention to the sweeping seizures of property and the use of bulldozers in a number of states. They called these as “an unacceptable subversion of the rule of law”.

What should be done?

The Bengal government this year made its law on property seizure and fines more stringent to deter the destruction of public property during protests. The law’s effectiveness and fair application will come down to the quality and fairness of policing.

The state machinery’s application of improper seizure or destruction of property is not proper governance and not justice too.