‘Homes can’t be demolished’: SC proposes to issue pan-Indian guidelines on ‘bulldozer justice’
The bench told the petitioners to submit draft suggestions that could be considered to frame the guidelines.
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The Supreme Court on Monday criticised the trend of demolishing properties of persons accused of crimes as a punitive measure and proposed to lay down pan-Indian guidelines to address the concerns, reported Live Law.
Authorities in four Bharatiya Janata Party-ruled states and one Aam Aadmi Party-governed state punitively bulldozed 128 structures, mostly belonging to Muslims, between April and June 2022, human rights group Amnesty International said in a report in February.
There are no provisions in Indian law that allow for the demolition of property as a punitive action.
A bench of Justices BR Gavai and KV Viswanathan made the remarks while a batch of petitions challenging the “bulldozer action” by states. The pleas alleged that such demolitions were undertaken without notice and as a form of revenge, according to Bar and Bench.
“How can a house be demolished just because he is accused?” the court asked. “It can't be demolished even if he's convict.”
The court told the petitioners to submit draft suggestions that could be considered to frame pan-India guidelines. It said the suggestions could be given to Senior Advocate Nachiketa Joshi, who was asked to collate and submit them.
Two of the petitions being heard in the court on Monday were filed by Rashid Khan from Rajasthan and Mohammad Hussain from Madhya Pradesh, Bar and Bench reported.
In his application, Khan, who...
