In a landmark decision, the Supreme Court of India has restricted the use of bulldozers for demolishing properties, even if the occupants have been convicted. This decision emerged from a petition challenging the legality of demolishing homes based solely on allegations or convictions against the residents.
Justice BR Gavai highlighted, “How can a house be demolished just because its occupant is accused? It cannot be demolished even if he is a convict.” This statement came during a hearing of a petition filed by Jamiat Ulama-e-Hind, representing Muslim scholars.
The Supreme Court’s remarks come in response to Solicitor General Tushar Mehta’s defense, which justified demolitions based on municipal law violations. Mehta stated, “We act only if there are violations of municipal laws.” However, the court expressed concern over the potential misuse of this power and suggested a need for clearer guidelines.
Justice KV Viswanathan echoed this sentiment, emphasizing, “A father may have a problematic son, but demolishing the house on this basis is not justified.” He called for standardized guidelines to manage unauthorized constructions.
The court has decided to issue nationwide guidelines to address the issues raised. Justice Gavai mentioned, “We will issue guidelines on a pan-India basis so that concerns regarding the issues raised are adequately addressed.”
The Supreme Court is set to continue this crucial hearing on September 17, as it examines multiple cases related to bulldozer demolitions. This practice, often dubbed “bulldozer justice,” has been the subject of considerable debate and controversy.
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