New Delhi: The Supreme Court on Monday said there was a need for guidelines over bulldozer actions against accused individuals in various cases. It said a structure cannot be demolished even if one or all occupants of the house have been convicted or found guilty in a case.
“We propose to lay down certain guidelines on a pan-India basis so that the concern with regard to the issues raised (on bulldozer actions) are taken care of,” a bench of Justices BR Gavai and KV Viswanathan said, News 18 reported.
Hearing a batch of pleas challenging bulldozer actions across many states, the top court asked, “How can a demolition take place even if someone is accused?”.
“The property cannot be demolished even if a person is convicted,” it said.
“Even if he is a convict, still it can’t be done without following the procedure as prescribed by law,” the bench said.
“A father may have a recalcitrant son, but if the house is demolished on this ground… this is not the way to go about it,” Justice Viswanathan said.
However, the court made it clear that it would not protect any unauthorised constructions. The bench also asked the parties to submit draft suggestions which can be considered by the court to frame the pan-India guidelines. “Let us try to resolve the issue on pan-India basis,” the bench said while posting the matter after two weeks. It posted the matter for hearing on September 17.
Notably, a batch of petitions was filed before the Supreme Court in 2022, in connection with the demolition drive scheduled for April, of the same year, in Delhi’s Jahangirpuri. While the drive was stayed, the petitioners prayed for a declaration that authorities could not resort to bulldozer actions as a form of punishment.
One of these petitions was by former Rajya Sabha MP and CPI(M) leader Brinda Karat.
During a hearing in September 2023, senior advocate Dushyant Dave (appearing for some of the petitioners) voiced concerns about the rising trend of state governments demolishing the homes of people accused of crimes, emphatically stressing that the right to a home was a facet of the right to life under Article 21 of the Constitution.
