'No demolition even if person is convicted': Supreme Court

Supreme Court hears appeal challenging bulldozer action

The Supreme Court stated on Monday that a convicted individual’s house cannot be destroyed, as they heard a petition against using bulldozers on accused persons in different cases. A panel of Judges BR Gavai and KV Viswanathan announced they will release nationwide regulations to tackle issues related to the destruction of homes and structures.

“How can house be demolished just because he is accused? Can’t be demolished even if he is convicted. Even after telling SC Bar is … we don’t find any change in attitude,” justice Gavai remarked while hearing a plea filed by the Muslim scholars’ body, Jamiat Ulama-e-Hind.

Senior Advocate Dushyant Dave, representing the petitioners, pointed out that a number of residences in Delhi were destroyed right after the 2022 riots, claiming that the people living in them had provoked the unrest. Senior Advocate Chander Uday Singh mentioned a situation in Udaipur where a residence was destroyed because the tenant’s son was alleged to have committed a crime.

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Justice Viswanathan, who stated that “nobody should exploit loopholes”, remarked that a “father may have a stubborn son, but demolishing the house for this reason is not the right approach”. Attorney General Tushar Mehta, representing the central government, stated that the houses are being torn down for breaking the law. “We only take action in case of infringements of municipal laws,” he stated.

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Responding, the bench pointed out, “However, upon examining the grievances, we believe there has been a violation”. Justice Gavai pointed out that although there are laws in place, they are often not being properly enforced, stating that unauthorized construction must still comply with the law.

The Supreme Court will continue hearing the matter on September 17.

The highest court is currently handling numerous cases concerning the use of bulldozers to destroy properties believed to be connected to individuals engaged in criminal activities. This has also caused significant controversy and is commonly referred to as “bulldozer justice.”