New Delhi: The Supreme Court today observed that property of an accused, a suspect or even of a convict cannot be demolished. The court was hearing a batch of pleas against bulldozer justice/demolition action often undertaken by authorities against the houses of those accused of crimes.
"Property of an accused of suspect or even convicts can't be demolished. We will issue pan-India guidelines. Apparently there is a breach of rules,” SC said.
"How Can anybody's property be demolished like this? Be it a convict or even an accused?," SC asked.
Appearing for the petitioner, Senior Advocate Dushyant Dave sought a direction from the court to ensure that 'bulldozer justice' is not meted out across the country.
Addressing the bench of Justice BR Gavai and Justice KV Viswanathan, Solicitor General of India Tushar Mehta submitted that no immovable property cannot be demolished just because the accused is involved in a criminal offence. He argued that the matter is being misrepresented before the court.
"Such demolition can only happen if the structure is illegal," Mehta said.
'Will Issue Guidelines'
"If you are accepting this, then we will issue guidelines based on this. How can demolition be just because he is an accused or even a convict," Justice Gavai said.
"If construction is unauthorised, fine. There has to be some streamlining. We will lay down a procedure. You are saying demolition only if violation of municipal laws. There is a need for guidelines, it needs to be documented," the bench said.
Justice Viswanathan asked why directions cannot be passed to avoid such cases. "First issue notice, give time to answer, time to seek legal remedies, and then demolition," he said.