National desk
2 September
Sandeep Dhand Ludhiana
The Supreme Court today raised serious concerns about the practice of demolishing homes of individuals merely accused of crimes. A bench of Justices BR Gavai and KV Viswanathan questioned how someone’s house could be demolished just because they are an accused, emphasizing that even if a person is guilty, no property can be destroyed without following the legal procedure.
The Court announced its intention to set guidelines on this issue, applicable across India. The matter will be further heard on September 17. However, the Court clarified that it will not interfere with the demolition of illegal constructions or encroachments, including those on roads, stating that even temples built on roads will not be spared.
Representing the Uttar Pradesh government, Solicitor General Tushar Mehta referred to a previous affidavit, asserting that no immovable property can be demolished solely based on a person’s involvement in a crime. He clarified that demolitions are only permissible if there is a violation of municipal or local laws. Mehta added that discussions with states will be held to address this issue. The bench highlighted the importance of the rule of law, noting that it is increasingly being overlooked in such cases.