Can’t demolish house of accused, SC to frame pan India guidelines on bulldozer practice

New Delhi [India] September 2 (ANI): Supreme Court on Monday indicated that it will lay down guidelines on the the recent bulldozer practices opted by governments on immovable properties.

SC said that the properties of the accused can’t be demolished even if he is convicted and further questioned this practice. A bench of justices BR Gavai and KV Viswanathan asked the concerned parties to submit suggestions that the top court can consider to frame the pan-India guidelines.

During the hearing, the top court remarked that how can demolition take place if someone is accused and the property can’t be demolished even if he is convicted.
However, the top court made it clear that it would not protect any illegal structure obstructing public roads. The top court said that the demolition of properties should be done as per law. The top court assured that it would resolve the issue and listed the matter for September 17.

Solicitor General Tushar Mehta submitted before the top court that no property belonging to a person can be bulldozed merely because someone is involved in some criminal case or convicted and this can only be done under the provisions of the municipal laws.

The top court was hearing various petitions relating to bulldozer practice by the authorities to demolish immovable properties. One of the applications filed recently said that the increasing culture of illegal demolitions in the country turning extra-legal punishment by the State into a norm and minorities and marginalized communities have been increasingly victimised by using extra-legal demolitions as a tool of punishment and creating a harrowing precedent for people in general and for the members of the minority communities in particular.

The petitioner sought to issue direction that no action be taken against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punishment. The plea also sought that any demolition exercise of must strictly

be carried out in accordance with the law.

Strict action to be taken against officials who have participated in an illegal exercise of demolition of properties of accused persons without following the due process of law, the plea demanded.