SC questions ‘bulldozer action’: 'How can house of accused be demolished'

Supreme Court of India

The Supreme Court on Monday made critical observations against the "bulldozer action", saying properties can't be demolished because they belong to a person accused of a crime.

The top court was hearing a batch of pleas on demolition action undertaken by authorities in Madhya Pradesh and Rajasthan in relation to houses of persons accused of crimes. "How can a house be demolished just because he is accused? Can't be demolished even if he's convicted. Even after telling SC bar ... we don't find any change in attitude," the top court said while hearing a plea filed by the Muslim scholars' body, Jamiat Ulama-e-Hind.

The apex court also clarified that it will not protect any illegal structure obstructing public roads.
"We are not for illegal constructions on roads etc. But demolition of properties have to be in accordance with law," the court said.

The SC bench consisted of Justice BR Gavai and Justice KV Viswanathan. Solicitor General of India Tushar Mehta submitted to the bench that no immovable property cannot be demolished just because the accused is involved in a criminal offence. "Such demolition can only happen if the structure is illegal," Mehta said. The Solicitor General, however, argued that the matter is being misrepresented before the court.

Senior Advocates Dushyant Dave and CU Singh, appearing for the petitioners, gave the example of demolition exercise in Delhi's Jahangirpuri. According to them, in some cases, property rented out was demolished. "They demolished 50-60 year old homes because the son or tenant of the owner is involved," Singh said.

Two house owners from Rajasthan and Madhya Pradesh moved the top court against their respective states for demolishing their home and sought urgent hearing. According to reports, the house in Rajasthan was razed due to an alleged offense committed by the tenant's son while a bulldozer was used to demolish a joint family's ancestral home in MP.

"If a man's son is a nuisance, demolishing his home is not the right way," Justice Viswanathan said.

The Supreme Court will continue hearing the matter on September 17.

The top court has been hearing multiple cases related to the practice of using bulldozers to demolish properties allegedly linked to individuals involved in criminal activities. This action, often termed "bulldozer justice," has faced strong criticism, with many questioning how this can be done before allegations against a person are proved.