However, the Supreme Court clarified that it will not protect any illegal structures that obstruct public roads.
On Monday, the Supreme Court made strong remarks against the practice of so-called bulldozer justice, stating that properties cannot be demolished simply because they belong to someone accused of a crime. The court further noted that even if the person has been convicted, their property cannot be demolished.
While hearing a series of pleas challenging the demolition actions often taken by authorities against the homes of those accused of serious crimes, the court stated that even if a person is convicted, their property cannot be demolished.
However, the Supreme Court clarified that it will not protect any illegal structures that obstruct public roads.
The court questioned the authorities on how someone’s house could be demolished solely because they are accused of a crime. The court indicated its intention to establish guidelines on this issue.
“Even if the person is a convict, the demolition cannot occur without following the procedure prescribed by law,” stated a bench of Justices B R Gavai and K V Viswanathan during the hearing of pleas against demolition actions.
“We intend to establish guidelines on a pan-India basis to address the concerns raised on this matter,” the bench added.
Justice K V Viswanathan noted that “a father may have a defiant son, but demolishing the house on this basis is not the right approach,” as reported by India Today.
The court emphasized that such demolitions should only occur if the structure itself is illegal.
Justice Viswanathan questioned why guidelines cannot be implemented to prevent such cases.
“First, issue a notice, then allow time to respond, time to seek legal remedies, and only then proceed with demolition,” he said, according to NDTV.
In recent years, several state governments have demolished houses and properties belonging to individuals involved in serious crimes.
The court has scheduled the next hearing for September 17.
