Govt can’t demolish houses with bulldonzer:  India’s top court

India's Supreme Court has said that authorities cannot demolish homes merely because a person has been accused of a crime and has laid down strict guidelines for any such action. 

The Supreme Court of India came up with the ruling on Wednesday in response to a number of petitions seeking actions against authorities using demolition as a punitive measure against those accused or convicted of crimes.

“The executive [the government] cannot become a judge and demolish properties. The chilling sight of a bulldozer demolishing a building reminds one of lawlessness where might was right,” the court said.

“If a citizen’s house is demolished merely because he is an accused or even for that matter a convict, that too without following the due process as prescribed by law, in our considered view, it will be totally unconstitutional for more than one reason,” the court said in its judgment.

The court also issued several directions for the states that no demolition should be carried out without a prior show cause notice. The court said: “Violation of any of the directions would lead to initiation of contempt proceedings in addition to the prosecution.”

Jamiat Ulama-i-Hind, which had filed a petition in the top court in the public interest, recently said demolition of Muslim properties occurred again in Madhya Pradesh and Rajasthan states, bringing the issue into the spotlight.

The top court had issued a notice in 2022 to the central government and provincial states, seeking responses regarding demolitions.

Source: Agencies