SC puts brakes on 'bulldozer justice', declares illegal demolitions unconstitutional

Supreme Court/ File Photo

The Supreme Court of India has ordered that no properties, including those belonging to accused individuals, be demolished across the country without its prior approval till October 1. A bench consisting of Justices B R Gavai and K V Viswanathan stressed that even a single case of illegal destruction violates the Constitution's provisions. "Even if there is one instance of an illegal demolition… it is against the ethos of our Constitution," the bench observed.

A PTI report stated that the court clarified that its injunction does not extend to illegal buildings on public highways or pathways.

The instruction was issued during a hearing on petitions stating that the properties of persons accused of crimes were being demolished illegally in many jurisdictions. The next hearing is planned for October 1, and until then, no demolition can take place without court approval, the report added.

Reportedly, Solicitor General Tushar Mehta responded by asserting that a "narrative" is being built around the demolition of properties and that individuals impacted have not petitioned the court because they are aware that their buildings were illegal. The court told the Solicitor General that its rulings were unaffected by extraneous noise.

"Let them bring to your lordship notice one instance of demolition where the law is not complied (with)," the law officer said.

The Supreme Court had previously questioned how a person's property could be demolished just because they were accused of a crime, stating that such measures must adhere to due legal process, the report stated.

"Rest assured that outside noise is not influencing us," the bench told the senior law officer.

"Mr Mehta, after these directives are laid down, we will seek your assistance on this glorification and grandstanding… You will assist us on how to stop this. If necessary, we will ask the Election Commission also," the bench also said according to the PTI report.

"How can anybody's house be demolished only because he is an accused? Even if he is a convict, still it can't be done without following the procedure as prescribed by law," the court had then observed.

The applications, filed by Jamiat Ulama-i-Hind and others, asked the court to prohibit the demolition of houses without sufficient legal notice, particularly in circumstances of riots and violence. The court's order is in effect until more guidelines are developed, the report added.