New Delhi: The Supreme Court of India has expressed its intention to establish pan-India guidelines to address the increasing concerns over the demolition of homes as a punitive measure against individuals accused of crimes. A bench comprising Justices BR Gavai and KV Viswanathan made this announcement while hearing multiple petitions challenging the demolition drives in various states.
The Court has asked all involved parties to submit draft suggestions for these guidelines. These proposals will be compiled by Senior Advocate Nachiketa Joshi and presented to the Court for consideration.
Concerns Over Demolition as Punishment
During the hearing, the bench questioned the logic behind demolishing homes simply because an individual has been accused of a crime. "How can a house be demolished just because he is accused? It can't be demolished even if he's a convict", Justice Gavai stated. He emphasized that while unauthorized constructions should not be protected, there needs to be a proper procedure followed in accordance with the law.
Justice Viswanathan further highlighted the necessity of a uniform policy across states. "This needs to be streamlined. Why can't some guidelines be laid down?" he asked, stressing that demolitions should only be conducted following legal procedures.
The Case for Guidelines
The Supreme Court's intervention follows a trend observed in several states where homes and properties of those accused of crimes are being demolished as a form of instant punishment action. In Delhi’s Jahangirpuri, for instance, houses were demolished after communal riots in April 2022, even when occupants were mere tenants. Senior Advocate Dushyant Dave, representing the petitioners, urged the Court to ensure that such "bulldozer justice" is not meted out indiscriminately across the country.
Dave emphasized that demolishing a person’s home infringes on the right to life guaranteed under Article 21 of the Constitution. He also called for the reconstruction of houses demolished without due process.
State of Uttar Pradesh’s Stand
Solicitor General of India, Tushar Mehta, representing the State of Uttar Pradesh, clarified that the state's stance is that demolitions should only occur when a structure is illegal. "No immovable property can be demolished just because the owner or occupant is accused of a crime", Mehta reiterated, referring to an affidavit filed by the Uttar Pradesh government.
Justice Gavai acknowledged the state’s position and indicated that the guidelines would align with this perspective. "If you are accepting this, then we will issue guidelines based on this", he said, adding that the guidelines would ensure that any demolition happens only in accordance with established law.
Previous Cases and Concerns
The court also heard other instances where homes were demolished as punishment, including the case of Rashid Khan from Udaipur, whose house was demolished after his son was accused of a crime during communal clashes. Mohammad Hussain from Madhya Pradesh also filed a plea alleging his house and shop were bulldozed by the state administration.
Senior Advocate CU Singh, representing another petitioner, highlighted the absurdity of demolishing homes because of accusations against a family member or tenant. "They demolished 50-60-year-old homes because the son or tenant of the owner is involved", Singh argued.
Moving Towards a Comprehensive Solution
The Supreme Court has scheduled a follow-up hearing in two weeks and has urged all parties to submit their suggestions. The guidelines are expected to cover the procedure to be followed before any demolition, including issuing notices, providing time for responses, and allowing legal remedies. The Court emphasized that these measures are necessary to prevent arbitrary demolitions and to protect citizens' constitutional rights.
Justice Viswanathan also pointed out that temporary structures blocking public roads may still need to be removed promptly, but emphasized that a clear, documented process is essential to prevent abuse of power. "We are on broad guidelines so that there is no bulldozer tomorrow without due process", he added.
The SCI has warned against turning the courtroom into a battleground, following a heated exchange between Solicitor General Mehta and Senior Advocate Dave. Both sides were urged to maintain decorum while the Court works towards framing these crucial guidelines.
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The Supreme Court's decision to issue pan-India guidelines on the demolition of properties reflects its commitment to uphold the rule of law and protect citizens from arbitrary actions by state authorities. As the Court gears up to draft these guidelines, it remains focused on ensuring that any action taken is in strict accordance with legal procedures and does not infringe on fundamental rights.
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