Supreme Court considers drafting guidelines against ‘bulldozer justice’

New Delhi, September 2 (IANS): The Supreme Court on Monday considered framing pan-India guidelines against destruction of property of persons accused of crime.

A bench headed by Justice BR Gavai stressed that even unauthorized structures must be demolished “in accordance with the law” and that state authorities cannot resort to destruction of the accused's property as punishment.

The bench, also comprising Justice KV Viswanathan, observed that such a fate cannot befall not only the accused but also the house of a convict, thereby clarifying the Supreme Court's intention not to protect unauthorized constructions.

The Court adjourned the matter for hearing two weeks later and invited the parties to record their proposals for the drafting of the guidelines.

Solicitor General (SG) Tushar Mehta, the second highest law officer in the central government, expressed a similar view. He stated that no immovable property should be demolished just because the owner/occupier was allegedly involved in the commission of a crime.

SG Mehta said that the state authorities in Uttar Pradesh had taken action under the Municipal Act after the violators failed to respond to notices served on them.

The Supreme Court was hearing a petition filed by Jamiat Ulema-i-Hind alleging that several houses of persons in Delhi's Jahangirpuri were demolished immediately after the April 2022 riots on the grounds that they had instigated the riots. In the same pending case, several petitions were also filed against bulldozing actions in different states.

The petition alleged that the authorities could not resort to bulldozing as a punitive measure and that such demolitions constituted a violation of the right to a home, an aspect of the right to life under Article 21 of the Constitution.

She also asked for instructions to order the reconstruction of the demolished houses.