The Supreme Court on Tuesday ordered that no demolition of residential or commercial property should take place anywhere in the country without the court’s permission until October 1. However, the court clarified that this directive does not apply to unauthorised constructions on public roads, footpaths, railway lines, or similar areas, including temples, mosques, or other religious structures.
A bench of Justice BR Gavai and Justice KV Viswanathan ordered a halt to the practice of bulldozer justice until the next hearing on October 1. The ruling came while hearing a batch of petitions challenging the practice of bulldozing the properties of people allegedly involved in criminal cases.
The bench also said that it would first lay down guidelines, similar to those laid down in the 1997 Vishaka case, before considering individual cases.
In 1997, the top court laid down guidelines for protecting women from sexual harassment at the workplace. These guidelines came to be known as Vishaka guidelines. The guidelines were based on the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).
These guidelines, 16 years later, were superseded by the Sexual Harassment of Women at the Workplace (Prevention, Prohibition and Redressal) Act, 2013.
The Supreme Court was moved by several petitioners against the bulldozing of houses belonging to individuals allegedly accused in various cases.
Appearing for one of the petitioners, senior advocate CU Singh told the court that the demolitions were taking place daily.
Solicitor General Tushar Mehta, however, countered this by citing an example from Madhya Pradesh, where many shops belonging to Hindus were demolished in accordance with legal procedures.
In the last hearing of the matter on September 2, the top court had come down heavily on the bulldozer justice – demolishing the houses of the accused persons – and had said that the properties of the accused can’t be demolished even if he is convicted.
Questioning the practice of demolishing the houses of accused persons with bulldozers, which has come to be described as ‘bulldozer justice’, the court had said that it would frame guidelines that would be applicable across the country and asked the parties involved to give their suggestions.
The top court was hearing a batch of petitions questioning the illegal demolition of residential and commercial properties with 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 has said that such illegal demolitions were becoming a norm and creating a harrowing precedent for the people.
The petitioner has sought direction to the authorities that no action 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.