The Supreme Court of India has raised serious concerns over the practice of demolishing houses of individuals accused or even convicted of crimes, emphasizing that such actions cannot be justified under the law.
This statement came during a hearing on Monday, where the Court was addressing a petition filed by the Muslim scholars’ body, Jamiat Ulama-e-Hind, challenging the use of bulldozers to demolish properties of those accused in various cases.
Justice B.R. Gavai, who was presiding over the hearing, questioned the rationale behind such demolitions, asking, “How can a house be demolished just because someone is accused? It can’t be demolished even if he’s a convict.”
He further noted that despite previous admonishments from the Supreme Court Bar, there seems to be no change in the authorities’ approach to such actions.
The case brought forth by Jamiat Ulama-e-Hind highlights the increasing trend of bulldozer actions being taken against individuals, often without a legal basis.
The petition argues that these demolitions are not only illegal but also unconstitutional, as they violate the rights of the accused, including the right to shelter and a fair trial.
The Supreme Court has indicated its intent to issue guidelines on the demolition of illegal buildings, ensuring that such actions are not carried out arbitrarily or as a form of punishment without due process.
This move could have significant implications for ongoing and future cases where bulldozer actions have been employed as a punitive measure against those accused of crimes.
The case has garnered widespread attention, especially in light of recent incidents where properties of individuals accused of crimes have been demolished without proper legal proceedings.