The Supreme Court of India has announced that it will develop guidelines regarding the demolition of properties, emphasizing that homes cannot be torn down solely because someone is accused of a crime or has been convicted. However, the court clarified that it will not protect any unauthorized constructions on public roads or government land.
A bench consisting of Justices B R Gavai and K V Viswanathan had previously ordered that no properties should be demolished, including those belonging to individuals accused of crimes, without the court's permission until October 1. The court noted that even a single instance of unlawful demolition contradicts the principles of the Constitution.
The Supreme Court highlighted that its forthcoming guidelines will apply to all citizens across India, not just specific communities. “Whatever we are laying down, we are a secular country. We are laying it down for all the citizens and all institutions, not for any particular community,” the bench stated.
The justices pointed out that there should not be a different set of laws for any religion. They affirmed their commitment to ensuring that their ruling does not protect unauthorized constructions on public property. “We will take care to ensure that our order does not help encroachers on any public places,” they added.
The court is currently hearing various petitions claiming that properties of individuals accused of crimes are being demolished in several states. The justices reiterated their earlier directive that no demolitions would occur without the court's consent and noted that the guidelines would also not cover unauthorized structures located in public areas, such as roads, streets, footpaths, and near railway lines or water bodies.
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