SC questions razing property of accused
The bench condemned the practice of demolishing the properties of people accused of crimes, and, sometimes, of their families, without following due process
The growing trend of demolishing properties of individuals accused of crimes, often targeting their families too and executed via bulldozers, is “inconceivable in a nation where law is supreme”, the Supreme Court held on Thursday, adding that if not checked, this pernicious practice “may be seen as running a bulldozer over the laws of the land.”
“In a country where actions of the state are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally constructed residence,” said a bench, led by justice Hrishikesh Roy.
The bench, also comprising justices Sudhanshu Dhulia and SVN Bhatti, condemned the practice of demolishing the properties of people accused of crimes, and, sometimes, of their families, often using earthmovers or bulldozers, without following due process.
“Alleged involvement in crime is no ground for demolition of a property. Moreover, the alleged crime has to be proved through due legal process in a court of law. The court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise, such actions may be seen as running a bulldozer over the laws of the land,” asserted the bench in its order.
The emphatic observation by the apex court came in a case concerning the attempted demolition of an ancestral house in Gujarat’s Kheda district because of the alleged involvement of a family member in a criminal incident. The property, occupied for three generations, was sought to be razed, prompting the court to step in. The bench stayed the demolition and sought explanations from the concerned authorities within four weeks.
This intervention is part of a growing judicial response to the rising trend of “bulldozer justice” across India. Earlier, on September 2, another Supreme Court bench had initiated steps toward issuing pan-India guidelines on demolitions, amid increasing concerns over the arbitrary destruction of properties. The court had noted that demolishing homes of accused persons without following legal procedures violates fundamental rights and due process, raising serious constitutional concerns.
The proposed guidelines are aimed at ensuring a uniform legal framework to prevent such arbitrary actions. The September 2 bench, comprising justices Bhushan R Gavai and KV Viswanathan, highlighted that even in cases of illegal constructions, demolitions must adhere to proper legal protocols. The bench sought suggestions from various stakeholders on formulating comprehensive regulations, reiterating that no individual’s property should be destroyed solely due to their or a family member’s alleged involvement in criminal activities.
The rising instances of bulldozer-driven demolitions have sparked widespread debates, with critics pointing out the lack of transparency and the often-extralegal motives behind these actions. Local governments have increasingly used this method as a swift, visible punishment against those accused of crimes. However, it has led to serious grievances, with many alleging that such demolitions are punitive measures, carried out without due process or proper legal justification.
In the Gujarat case, senior counsel IH Syed and advocate Mohammad Aslam, representing the petitioner, argued against the demolition of their client’s property, underlining that an individual’s property rights must be protected irrespective of the criminal allegations against a family member.
The lawyers for Javedali Mahebubmiya Saiyed pointed out that a notice of demolition was issued by Kathlal Nagar Palika on September 6 — four days after a first information report (FIR) was lodged against the petitioner’s brother on charges of sexual harassment and assault. They contended that the entire purpose of demolition was to punish the family for criminal charges slapped on one member of the family.
Earlier petitions, including those filed by Jamiat Ulama-i-Hind, raised the issue of demolitions targeting properties in connection to alleged criminal activities, particularly in communally sensitive regions. In one such case, demolitions were halted in Delhi’s Jahangirpuri area after communal violence erupted.
During a hearing in June 2023, the top court had remarked that demolition of properties must take place in accordance with law and not as a retaliatory measure. It also sought replies from the state of Uttar Pradesh and municipal authorities of two of its cities where the allegedly illegal demolitions took place for participating in some protests.
On September 2, the bench led by justice Gavai had also questioned how a house could be demolished simply because someone is accused of a crime, noting that even a conviction does not justify such an action without following proper legal procedures.
It underscored the importance of due process and natural justice before any demolitions are carried out and expressed the need for nationwide guidelines to address this issue. The bench called for suggestions from all parties involved, underscoring its commitment to a fair and uniform legal process across the country.