The Supreme Court on Monday criticised the trend of demolishing properties of persons accused of crimes as a punitive measure and proposed to lay down pan-Indian guidelines to address the concerns, reported Live Law.
Authorities in four Bharatiya Janata Party-ruled states and one Aam Aadmi Party-governed state punitively bulldozed 128 structures, mostly belonging to Muslims, between April and June 2022, human rights group Amnesty International said in a report in February.
There are no provisions in Indian law that allow for the demolition of property as a punitive action.
A bench of Justices BR Gavai and KV Viswanathan made the remarks while a batch of petitions challenging the “bulldozer action” by states. The pleas alleged that such demolitions were undertaken without notice and as a form of revenge, according to Bar and Bench.
“How can a house be demolished just because he is accused?” the court asked. “It can’t be demolished even if he’s convict.”
The court told the petitioners to submit draft suggestions that could be considered to frame pan-India guidelines. It said the suggestions could be given to Senior Advocate Nachiketa Joshi, who was asked to collate and submit them.
Two of the petitions being heard in the court on Monday were filed by Rashid Khan from Rajasthan and Mohammad Hussain from Madhya Pradesh, Bar and Bench reported.
In his application, Khan, who is a 60-year-old auto-rickshaw driver from Udaipur, said that his house was bulldozed by the district administration on August 17, 2024.
The demolition took place following the communal clashes that broke out in Udaipur after the death of a Hindu boy. Khan’s son had allegedly stabbed the boy.
Hussain, who is from Madhya Pradesh, alleged that his house and shop were illegally demolished by the state administration.
The two applications were filed as part of a case registered by the Islamic organisation Jamiat Ulama-e-Hind against the demolition of houses belonging to Muslims in Haryana’s Nuh area, Bar and Bench reported. The demolitions occurred following the violence between Hindus and Muslims in the area.
At the hearing on Monday, Solicitor General of India Tushar Mehta, appearing for Uttar Pradesh, claimed that only illegal structures were demolished. He also referred to an affidavit filed by the state government that noted demolitions would be carried out only in accordance with the law.
“No immovable property can be demolished just because the accused is involved in a criminal offence and such demolition can only happen if the structure is illegal,” Mehta said.
In response, Gavai said: “So if you are accepting this…then we will issue guidelines based on this.” Viswanathan noted that the guidelines could also outline the process to be followed before a structure is bulldozed.
Senior Advocate CU Singh, representing the petitioners, claimed that 50 to 60-year-old homes were demolished by the states. “The home was demolished because son or tenant of the owner is involved [accused in a crime]…One case is from Madhya Pradesh and one from Udaipur.”
The court said that it would hear the matter further on Tuesday. It also sought suggestions from all sides on the guidelines to be framed.
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