NEW DELHI: The Supreme Court on Monday heard several petitions challenging the use of bulldozers and demolition actions taken by authorities against the homes of individuals accused of crimes.
During the proceedings, the bench, comprising Justices B R Gavai and K V Viswanathan, questioned the legality of demolishing a house solely based on the owner being an accused.
The court asked, “How can house be demolished just because he is accused? Can’t be demolished even if he’s convict. Even after telling SC Bar is … we don’t find any change in attitude.”
The bench emphasised that while they do not support illegal constructions on roads or other public spaces, any demolition of properties must be carried out in accordance with the law. The court further said that even if a person is a convict, his house can’t be demolished without following procedure prescribed by law.
“We are not for illegal constructions on road etc. But demolition of properties have to be in accordance with law,” the court said.
Solicitor general Tushar Mehta told the Supreme Court that no property belonging to a person can be bulldozed merely because he/she is involved in some criminal case or convicted thereof.
“It can only be done strictly following the rules and procedure prescribed under the municipal laws,” Mehta said.
The term ‘Bulldozer justice,’ as referred to by the public, is a form of instant justice mechanism involving the razing of houses, shops, or any premises belonging to individuals accused of a crime.
Two aggrieved house owners from Rajasthan and Madhya Pradesh approached the Supreme Court against their respective states for demolishing their homes and sought urgent hearings. In the Rajasthan case, a house was razed due to an alleged offense committed by the tenant’s son, while in Madhya Pradesh, a bulldozer was used to demolish a joint family’s ancestral house.
During the proceedings, the bench, comprising Justices B R Gavai and K V Viswanathan, questioned the legality of demolishing a house solely based on the owner being an accused.
The court asked, “How can house be demolished just because he is accused? Can’t be demolished even if he’s convict. Even after telling SC Bar is … we don’t find any change in attitude.”
The bench emphasised that while they do not support illegal constructions on roads or other public spaces, any demolition of properties must be carried out in accordance with the law. The court further said that even if a person is a convict, his house can’t be demolished without following procedure prescribed by law.
“We are not for illegal constructions on road etc. But demolition of properties have to be in accordance with law,” the court said.
Solicitor general Tushar Mehta told the Supreme Court that no property belonging to a person can be bulldozed merely because he/she is involved in some criminal case or convicted thereof.
“It can only be done strictly following the rules and procedure prescribed under the municipal laws,” Mehta said.
The term ‘Bulldozer justice,’ as referred to by the public, is a form of instant justice mechanism involving the razing of houses, shops, or any premises belonging to individuals accused of a crime.
Two aggrieved house owners from Rajasthan and Madhya Pradesh approached the Supreme Court against their respective states for demolishing their homes and sought urgent hearings. In the Rajasthan case, a house was razed due to an alleged offense committed by the tenant’s son, while in Madhya Pradesh, a bulldozer was used to demolish a joint family’s ancestral house.