The Supreme Court on Monday deliberated on coming out with national guidelines to prevent the demolition of property belonging to individuals accused of criminal offenses. 

The court's discussion centered on establishing rules that would safeguard against such actions, ensuring that demolitions are conducted solely in accordance with the law and not as a punitive measure against the accused.

The bench, led by Justice BR Gavai and including Justice KV Viswanathan, emphasized that demolitions must be legally justified, even in cases involving unauthorized constructions. 

What Promopted Supreme Court Observation?

The case under review originated from a petition by Jamiat Ulema-i-Hind, which alleged that several homes in Delhi's Jahangirpuri were demolished shortly after the riots in April 2022. 

The petitioners claimed that these demolitions were carried out based on the accusation that the residents had incited the riots. They argue that such actions violate the constitutional right to a home, which is a component of the right to life under Article 21. 

The petition also seeks an order for the reconstruction of the demolished properties, asserting that these demolitions were not only unlawful but also infringed upon fundamental rights.

Important Supreme Court Observation

The justices made it clear that state authorities are not permitted to use demolition of property as a form of punishment for individuals who are merely accused or even convicted of crimes. 

The Supreme Court has scheduled another hearing in two weeks, requesting that all parties involved submit their suggestions for formulating these new guidelines. 

Solicitor General Tushar Mehta, representing the government, supported the court's position. He asserted that no property should be demolished solely based on the owner's or occupant's alleged involvement in criminal activities. 

Mehta highlighted that recent actions by state authorities in Uttar Pradesh were conducted in accordance with municipal laws after the involved parties failed to respond to show-cause notices.

IANS