SC lays down guidelines to protect wanton house demolition of accused
02-Sep-2024 09:39 PM 5405
New Delhi, Sept 2 (Reporter) The Supreme Court on Monday asked the authorities concerned about their wanton demolition of houses and properties of the accused in a criminal case. A bench of Justices BR Gavai and KV Viswanathan while hearing a batch of pleas filed against demolition action undertaken by the authorities said the property of an accused or suspect or even convict can’t be demolished. The bench said “We will issue pan-India guidelines. There is a breach of rules. ” "There is a need for guidelines, it needs to be documented", the bench said. The Court said there has to be some streamlining. “We will lay down a procedure. You are saying demolition only if the violation of municipal laws.” The bench asked, "How can demolition be just because he is an accused or even a convict? "If construction is unauthorized, then it is fine.” The bench clarified 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. The bench, however, said looking at the complaints, there was a breach. Senior Advocate Dushyant Dave, appearing for Jamiat Ulema-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 they had instigated riots. A plea was filed by Jamiat Ulema-I-Hind after the Jahangirpuri demolitions, urging the top court to issue appropriate directions to the Center 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 as a ‘punitive measure’ against persons allegedly involved in crime, the plea stated. Jamait asserted that such measures are against the Constitution and violate 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". Dave said, “Let our statement be recorded that across the country, Bulldozer justice will not be meted out to people.” Dave further stated that all states were resorting to it now, and it was a larger issue. Solicitor General Tushar Mehta in his counter-affidavit filed on August 09, 2022, had said that merely because a person is alleged to be part of an offence, it can't be grounds for demolition. No immovable property can be demolished because the owner or occupant is involved in the offence. Mehta added that it can only take place as per municipal laws. Justice Gavai, asked “How can a house be demolished just because he is accused? Can't be demolished even if he's a convict". The bench was hearing pleas filed against “bulldozer justice”. The bench asked both sides to come up with suggestions. “We will resolve the issue finally, the bench said and posted the matter for September 17 for the next hearing...////...
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