In a pivotal move, the Supreme Court has decided to craft comprehensive guidelines to regulate the demolition of properties owned by individuals accused of crimes. This decision comes in response to ongoing petitions challenging the legality and fairness of such demolitions.
The court, led by Justices BR Gavai and KV Viswanathan, is soliciting input from all parties involved to develop these guidelines. Justice Gavai highlighted the absurdity of demolishing a property merely due to accusations, questioning how such actions align with legal principles even if the accused is ultimately convicted.
The State of Uttar Pradesh has contested these petitions, asserting that demolitions should strictly adhere to legal procedures. The court acknowledged and valued the state’s position on this matter.
The petitions stem from growing concerns over the demolition trend observed since 2022, particularly following controversial demolitions in Delhi’s Jahangirpuri. These actions raised questions about the infringement on the fundamental right to a home, as enshrined in Article 21 of the Constitution. Recent incidents in Udaipur and Madhya Pradesh, where properties were razed following communal clashes and alleged crimes, have intensified the debate.
The court’s initiative aims to ensure that future demolitions are carried out in accordance with established legal norms and do not serve as extrajudicial punishments.
