New Delhi: The Supreme Court on Monday questioned the practice of razing down houses of accused or convict in criminal cases.
Coming down heavily on what is generally called ‘bulldozer justice’ the court asked how a house could be pulled down just because it belonged to an accused or a convict, NDTV reported.
Meanwhile, the court said it would lay down a procedure to be followed ahead of carrying out demolitions.
Senior Advocate Dushyant Dave, representing petitioners, sought direction from the court to ensuring 'bulldozer justice' was not handed out across the country.
Solicitor General of India Tushar Mehta submitted to the bench of Justice BR Gavai and Justice KV Viswanathan that ‘Such demolition can only happen if the structure is illegal.’
Following this Justice Gavai said that the court would issue guidelines on it, adding ‘How can demolition be just because he is an accused or even a convict.’
The bench said if a construction was unauthorized the action would be fine and there was a need for guidelines, adding that it would lay down a procedure.
The bench reportedly said: ‘you are saying demolition only if there is violation of municipal laws. There is a need for guidelines, it needs to be documented.’
Saying that the bench was not defending illegal construction, the court however said that there should be guidelines for demolition with Justice Viswanathan saying that first notice should be issued, give time to answer and take legal remedies before demolishing a building.
Representing petitioners, senior Advocates Dushyant Dave and CU Singh highlighted the demolition that had taken place at Delhi’s Jahangirpuri where they said a property rented out was demolished in some cases.
What is called 'Bulldozer justice' takes place when homes of accused in criminal cases are demolished; the practice is widely reported at several places in the country.
Many questioned the rationale of pulling down somebody’s home before allegation are proved alongside punishing whole for the crime of one person.