'House can't be demolished even if person is a convict': Supreme Court on 'bulldozer justice'

India's Supreme Court on Monday (Sept 2) in response to several petitions challenging the demolitions of the homes of individuals accused of crimes, questioned the legality of such names.

The Supreme Court bench, comprising justices B.R. Gavai and K.V. Viswanathan heard the bunch of petitions.

"How can a house be demolished just because he is accused? Can't be demolished even if he's a convict," Justice Gavai said.

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"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 also told the Supreme Court that no property belonging to a person can be bulldozed merely because he or she is involved in some criminal case or convicted.

"It can only be done strictly following the rules and procedure prescribed under the municipal laws," Mehta said.

Justice Gavai said that while the top court will not protect unauthorised constructions, he said some guidelines must be laid down to address the incidences of demolition of homes of accused individuals.

"Why can't some guidelines be laid down? It should be put across states...This needs to be streamlined," Justice Viswanathan 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 added.

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A batch of petitions were filed before the Supreme Court in 2022 in the wake of a demolition drive scheduled for April 2022 in Delhi's Jahangirpuri. The drive was finally stayed. But the petitioners prayed for a declaration that authorities cannot resort to bulldozer action as a form of punishment.

One of these petitions was by former Rajya Sabha MP and CPI(M) leader Brinda Karat who challenged the demolitions done by the erstwhile North Delhi Municipal Corporation in Jahangirpuri after communal violence in the area.

(With inputs from agencies)