NEW DELHI: As several BJP-ruled states resort to bulldozer action against “illegal” houses of offenders, the Supreme Court on Monday wondered how someone’s house could be demolished just because the person happened to be an accused. It said it would lay down guidelines on the issue.
“How can anybody’s house be demolished only because he is an accused? Even if he is a convict, it can’t be done without following the procedure as prescribed by law,” said a Bench led by Justice BR Gavai.
While hearing petitions filed by Jamiat Ulama-i-Hind and others seeking directions to various states to stop demolition of properties of those accused rioting and violence, the Bench frowned upon such demolition action and said it should not be carried out without following the due process and without prior notice to the occupants.
“We propose to lay down certain guidelines on a pan-India basis so that the concerns with regard to the issues raised are taken care of,” said the Bench.
“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,” it said. The top court, however, said, “We are not going to protect any unauthorised construction or encroachment on public roads. Not even the temples on public roads.” The Bench posted the matter for further hearing on September 17.