SC pauses ‘bulldozer justice’, says illegal demolition against ethos of Constitution

Even if there is one instance of illegal demolition, it is against the ethos of our Constitution, the Supreme Court said on Tuesday, 17 September while directing that authorities across the country will not demolish properties of those accused of crime without seeking its leave.

A bench of Justices B R Gavai and K V Viswanathan clarified that its order will not be applicable to unauthorised structures on public roads, footpaths etc.

"Even if there is one instance of an illegal demolition… it is against the ethos of our Constitution," the bench observed.

The top court was hearing petitions alleging properties of those accused of crime were being demolished in several states.

Solicitor General Tushar Mehta told the bench that a "narrative" was being built over demolition of properties.

"Rest assured that outside noise is not influencing us," the bench told the senior law officer.

"There cannot be a stay against illegal demolition. I have filed an affidavit that there cannot be any demolition except in accordance with applicable law and not on the ground that the person is guilty of any offence," he reiterated.

The bench posted the matter for further hearing on 1 October.

In an earlier hearing held on 2 September, the top court mulled the formation of pan-India guidelines against the demolition of property of individuals accused of committing criminal offences.

It had stressed that even unauthorised construction has to be demolished in "accordance with law" and state authorities cannot resort to the demolition of the property of the accused as a punishment.