Supreme Court Slams State Governments' Bulldozer Actions; May Establish Guidelines; What Was Centre's Argument?

The Supreme Court has expressed strong disapproval of the bulldozer actions being taken by various state governments, where houses are demolished because their owners or their family members are accused of crimes. During a recent hearing, the Court questioned whether anyone's house could be destroyed simply because the person is an accused. The Supreme Court emphasized that even if someone is found guilty, their house cannot be demolished without a clear, established legal process.

It has been alleged that Muslims are being targeted in BJP ruled states and bulldozer action is being taken. The petition also alleges that the governments did not give the victims a chance to defend themselves. Rather, without waiting for the legal process, the houses of the victims were immediately bulldozed as punishment.

Court's Stance: No Demolition Without Legal Basis

Justice B.R. Gavai, while hearing a petition filed by the Muslim organization Jamiat Ulema-e-Hind, raised concerns over the demolition of homes based solely on accusations. He stated, "How can a house be demolished just because the person who owns it or any of his family member is an accused? Even if he is guilty, the house cannot be demolished." The judge noted that even after the Supreme Court Bar Association's involvement, there has been no change in the government's approach.

Justice K.V. Vishwanathan, another member of the bench hearing the petition, added that no one should exploit legal loopholes. He used an analogy, saying, "The father's son may be stubborn or disobedient, but if the house is demolished on this basis, then this is not the way." Both Justices emphasized that demolishing someone's home without a structured legal guideline is unjust.

Government's Argument

During the hearing, Solicitor General Tushar Mehta, representing the Central Government, argued that demolitions are conducted only when there is a violation of the law. He stated, "We take action only when the law is violated." 

However, the bench responded that, based on the complaints received, it appears there has been a misuse of this process. Justice Vishwanathan pointed out the necessity of having standardized guidelines for demolishing unauthorized buildings across the country. Justice Gavai also stressed the importance of having comprehensive suggestions so that the Court could issue nationwide guidelines.

Upcoming Hearing and Potential Nationwide Guidelines

The Supreme Court further clarified that it does not intend to protect any illegal constructions but is considering establishing guidelines to regulate such actions across the country. The next hearing on this matter is scheduled for September 17. These remarks by the Supreme Court came while hearing petitions challenging the use of bulldozer actions by various state governments.

The Court's observations signal its intent to bring more clarity and legality to the process of demolishing properties, ensuring that actions are not taken arbitrarily or without due process.