‘Can’t punish by demolishing property,’ SC reiterates in bulldozer action case
The Supreme Court on Tuesday reserved its order on a batch of pleas seeking its intervention against punitive demolitions by state governments.
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The Supreme Court on Tuesday said that persons accused of a crime cannot be punished through the destruction of property, reported Live Law.
The bench of Justices BR Gavai and KV Viswanathan reserved its order on a batch of pleas seeking the court’s intervention against “bulldozer action” by state governments.
“We will clarify demolition can’t be carried out merely because someone is an accused or convict,” the court remarked, adding that it would frame “pan-India guidelines” to ensure that local authorities do not abuse laws providing for the demolition of unauthorised constructions.
“We are a secular country and our directions will be for all irrespective of religion or community,” the court said.
There are no provisions in Indian law that allow for the demolition of property as a punitive measure. Nevertheless, the practice has become commonplace mainly in states ruled by the Bharatiya Janata Party.
Authorities in four BJP-ruled states and one Aam Aadmi Party-governed state punitively bulldozed 128 structures, mostly belonging to Muslims, between April 2022 and June 2022, human rights group Amnesty International said in a report in February.
The Supreme Court on Tuesday asked Solicitor General Tushar Mehta whether demolitions were allowed on the grounds of a person being an alleged criminal, to which Mehta replied “absolutely not”.
The court suggested that an online portal be set up to notify...
