Defendant's house cannot be demolished; Supreme Court issues nationwide guidelines on use of bulldozers

New Delhi [India] September 2 (ANI): The Supreme Court on Monday announced that it will frame guidelines on the recent bulldozing practices of governments on immovable properties.

The Supreme Court said that even in case of conviction, the properties of the accused cannot be demolished and further questioned the practice. A bench of Justices BR Gavai and KV Viswanathan asked the parties concerned to submit suggestions that the top court can consider while framing pan-India guidelines.

During the hearing, the Supreme Court observed that demolition cannot be carried out if someone is accused and that the building cannot be demolished even if convicted.

The top court, however, made it clear that it will not protect any illegal constructions blocking public roads. The top court said that demolition of buildings must be done as per the law. The top court assured that it will resolve the issue and adjourned the matter to September 17.

Attorney General Tushar Mehta submitted before the Supreme Court that a person's property cannot be demolished simply because he is involved in a criminal case or convicted. This can only be done on the basis of municipal laws.

The top court was hearing several petitions related to the authorities' practice of demolishing immovable properties using bulldozers. One of the recent petitions said that the growing culture of illegal demolitions in the country is making extra-legal punishment by the state the norm and minorities and marginalised communities are increasingly becoming victims of extra-legal demolitions as a tool of punishment, setting a shocking precedent for the people in general and for the members of the minority communities in particular.

The petitioner sought to issue a direction that no action should be taken against the residential or commercial property of an accused in a criminal case as an extra-legal punishment. The petition also demanded that all demolition work should be carried out strictly in accordance with the law.

The complaint demands that strict action be taken against officials who were involved in illegal destruction of the properties of accused persons without following due process. (ANI)