The Supreme Court of India has recently passed a decree that no demolition of properties in the country should be carried out without the court’s approval till October 1. This order given on the 17th of September is in response to issues relating to the destruction of properties of people who are suspected of engaging in criminal activities, especially those involving riots and violence.
The apex court raised several legal questions that the government failed to answer during the hearing of the case, particularly on the issue of demolishing homes based on accusations. The court posed a question, ‘How can anybody’s house be demolished just because he was an accused?’ to stress on the fact that there is a need to follow a proper procedure in such cases. The bench expressed its desire to set broad standards that could be implemented across the country and which would regulate the legal and ethical aspects of property demolition in connection with criminal charges.
The said judgment also bars the demolitions related to the structures intruding into the public roads, footpaths, railways, and water bodies. The clarification to be made here is meant to strike a middle ground between the need to protect public spaces and the rights of those who are legally accused.
The directive came after Jamiat Ulama-i-Hind and other organizations moved to court seeking orders to stop the demolitions aimed at the property of people in connection with acts of violence. The group pointed to recent demolitions in places such as Jahangirpuri in Delhi and raised concerns that there will be abuses of power and discriminations against certain groups.
This ruling is significant at this time, as the Supreme Court is yet to lay down its guidelines on the subject. The decision made in this case may have a large impact on any future cases that are similar to this one so that justice can be delivered while still respecting the rights of the citizens.
