The Supreme Court, on Monday, came down heavily on bulldozer justice – demolition of the houses of the accused persons – and said the properties of the accused can’t be demolished even if he is convicted.

Questioning the practice of demolishing the houses of the accused using bulldozers, which has come to be described as ‘bulldozer justice’, a bench of Justice B R Gavai and Justice K V Viswanathan said they would frame guidelines to be applicable across the country and asked the parties to the case to give their suggestions.

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While taking a firm position against the authorities demolishing the houses of the accused persons, the court, however, made it clear that it would not protect any illegal structure obstructing public roads.

Stating that the demolition of properties should be done as per the law, the top court assured that it would resolve the issue and posted the matter for hearing on September 17.

Appearing for the Central government, Solicitor General Tushar Mehta said no property belonging to a person can be bulldozed merely because someone is involved in some criminal case or convicted and this can only be done under the provisions of the municipal laws.

The top court was hearing petitions questioning the illegal demolition of residential and commercial properties using bulldozers.

Describing it as an extra-legal punishment by the state authorities, an application said that the increasing culture of illegal demolitions in the country is victimising minorities and the marginalised sections of society. The application says that such illegal demolitions are becoming a norm and creating a harrowing precedent for the people.

The petitioner sought a direction from the authorities that no action should be taken against the residential or commercial property of any accused in any criminal proceedings as an extra-legal punishment. The plea also sought that any demolition exercise must strictly be carried out in accordance with the law.

The petitioner further sought strict action to be taken against officials who have participated in an illegal exercise of demolition of properties of accused persons without following the due process of law.