New Delhi, Sep 2 The Supreme Court on Monday mulled the formation of pan-India guidelines against the demolition of property of individuals accused of committing criminal offences.
A bench headed by Justice BR Gavai stressed that even unauthorised construction has to be demolished in “accordance with law” and state authorities cannot resort to the demolition of the property of the accused as a punishment.
The Bench, also comprising Justice KV Viswanathan, remarked that not only of an accused, the house of a convict, can also not meet such a fate, clarifying the apex court‘s intention to not protect unauthorised structures.
Posting the matter for hearing after two weeks, it asked parties to place on record their suggestions for framing of guidelines.
Echoing similar views, Solicitor General (SG) Tushar Mehta, the second highest law officer of the Centre, stated that no immovable property should be demolished because the owner/occupant is alleged to have been involved in the commission of an offence.
SG Mehta said that the state authorities in Uttar Pradesh took action in accordance with the municipal law after the violators did not reply to the show-cause notices issued to them.
The apex court was hearing a plea filed by Jamiat Ulema-i-Hind, claiming that several houses of persons were demolished in Delhi's Jahangirpuri immediately after the riots in April 2022 on the allegation that they had instigated riots. Several applications against bulldozer actions across various states were also filed in the same pending matter.
The petition contended that authorities cannot resort to bulldozer action as a form of punishment and such demolitions violated the right to a home, a facet of the right to life under Article 21 of the Constitution.
Further, it prayed for direction to order the reconstruction of the houses demolished.
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