New Delhi: On Monday, the Supreme Court considered the creation of pan-India guidelines preventing the demolition of property owned by individuals accused of criminal acts.
A bench led by Justice BR Gavai emphasised that even unlawful structures must be removed “according to law” and that state authorities cannot utilise the accused’s property as a form of punishment.
The Bench, which also included Justice KV Viswanathan, stated that not only an accused’s house but even a convict’s residence cannot face such a destiny, underlining the Supreme Court’s determination not to safeguard illegal constructions.
It scheduled the matter for a hearing after two weeks and invited parties to record their recommendations for framing guidelines.
Echoing similar sentiments, Solicitor General (SG) Tushar Mehta, the Centre’s second-highest legal officer, declared that no immovable property should be demolished because the owner/occupant is accused of having committed an infraction.
According to SG Mehta, the state authorities in Uttar Pradesh, acted in accordance with municipal legislation after the violators failed to respond to show-cause notifications issued to them.
The Supreme Court was hearing a petition brought by Jamiat Ulema-i-Hind, which claimed that numerous houses in Delhi’s Jahangirpuri were demolished soon following the riots in April 2022 on the grounds that they had provoked the disturbances. Several applications against bulldozer acts from several states were also filed in the same pending case.
According to the petition, authorities cannot use bulldozers as punishment and such demolitions violate the right to a house, which is part of the right to life under Article 21 of the Constitution.
It also requested that the residences that had been demolished be rebuilt.
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–IANS
(IANS/Video Grab)
