 "(File) Supreme Court of India. PTI")
“How can a house be demolished just because he is accused? It can’t be demolished even if he’s convict…,” the Supreme Court said on Monday, as it made critical observations against the so-called bulldozer justice.
“Even after telling SC Bar is… we don’t find any change in attitude,” the apex court said.
A bench of Justices B R Gavai and K V Viswanathan, while hearing on pleas against demolition action, also expressed the intention to lay down pan-India guidelines to address the concerns that authorities in several states are resorting to the demolition of house of people accused of crimes as a punishable action.
“Let us try to resolve the issue on pan-India basis,” the court said and orally expressed concerns about resorting to house demolition as a punishment.
‘Won’t protect unauthorised constructions’
The SC, however, made it clear that it won’t protect any unauthorised constructions, with Justice Gavai emphasising that the demolition can be carried out as per the procedure in “accordance with law”.
“Why can’t some guidelines be laid down? It should be put across states…This needs to be streamlined,” Justice Viswanathan said.
The court asked the parties to submit draft suggestions which it can consider to frame the pan-India guidelines. The proposals are to be submitted to Senior Advocate Nachiketa Joshi, who has been asked to collate them and present to the Court.
Impact Shorts
More Shorts“A father may have a recalcitrant son, but if the house is demolished on this ground…this is not the way to go about it,” Justice Viswanathan said during the hearing.
The court posted the matter for hearing on September 17.
Bulldozer actions challenged before SC
The Supreme Court was hearing a batch of petitions challenging the “bulldozer actions” in various states filed in April 2022.
Governments of several states, over the past few years, have resorted to “Bulldozer justice”, an instant justice mechanism which involves razing of houses and properties belonging to accused involved in serious crimes.
However, the petitioners prayed for a declaration that authorities cannot resort to bulldozer actions as a form of punishment.
Among the petitions, one was by former Rajya Sabha MP and CPI(M) leader Brinda Karat, who challenged the demolitions done by the erstwhile North Delhi Municipal Corporation (NDMC) in Jahangirpuri area after the communal violence during the Shobha Yatra processions in April 2022.
During the hearing in September, 2023, Senior Advocate Dushyant Dave (appearing for some of the petitioners) expressed concerns about the rising trend demolition of the homes of people accused of crimes by state governments, stressing that the right to a home was a facet of the right to life under Article 21 of the Constitution.
Dave also urged that the apex court should order the reconstruction of the houses demolished.
With inputs from Live Law.