New Delhi, Sep 2 (UNI) Taking a strong view of wanton demolition of houses of people accused in criminal cases, the Supreme Court on Monday decided to frame guidelines for pulling down buildings and cautioned authorities against razing houses and properties of accused in criminal case without any valid sanction or reason.
A bench of Justices B R Gavai and K V Viswanathan, while hearing a batch of pleas filed against allegedly wanton demolition actions undertaken by the authorities, said, “There is a need for guidelines, it needs to be documented.”
“We will soon frame guidelines to be implemented at a pan-India level,” Justice Gavai said.
“There has to be some streamlining. We will lay down a procedure. You are saying demolition is done only if there is violation of municipal laws,” the court said.
The bench asked, “How can a demolition be carried out just because he is an accused or even a convict?”.
“If construction is unauthorized, then it is fine,” the court said, adding that it was not in favour of protecting any illegal structure obstructing public roads.
Solicitor General Tushar Mehta told the court that action was being taken as per municipal law violations.
Senior Advocate Dushyant Dave, appearing for Jamiat Ulama-i-Hind, told the court that several houses were demolished in Delhi’s Jahangirpuri immediately after the riots in April 2022 on the allegation that the property owenrs had instigated riots.
A plea was filed by Jamiat Ulama-i-Hind after the Jahangirpuri demolitions, urging the top court to issue appropriate directions to the Centre and States against actions of bulldozing properties of any accused in any criminal proceedings.
There has been an increase in the incidents of demolition of residential and commercial premises by government administration in several states, especially in Uttar Pradesh, Uttarakhand and Rajasthan, as a punitive measure against persons allegedly involved in crime.
Jamiat asserted that such measures were against the constitution and violated the rights of a person. It was further claimed that “such measures by the government undermine the criminal justice system of our country, including the important role of the courts”.
