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Genuine demolitions should not be affected, the SG has submitted while respectfully urging the court not to lay down specific law against demolitions
The Supreme Court today reserved its judgment in the pleas seeking appropriate directions against actions of bulldozing properties of any accused in any criminal proceedings.
A bench of Justices BR Gavai and KV Vishwanathan has also extended its previous interim order halting any demolition without its permission of properties of persons just because they are accused of being involved in a crime.
Solicitor General Tushar Mehta, appearing before the top court for three states, advised the court from formulating guidelines due to which the whole country would suffer.
On the court's view that demolitions cannot happen if someone is an accused, and can be allowed only when there is a violation of law, the SG said, "The difficulty would be that such cases would be far and few, genuine demolitions of encroachers would be 98%...they can file a suit..Any law laid down keeping these 2% aberrations in mind, would not help the rest of these genuine demolitions..".
The SG further submitted that in case of violation, aggrieved could always approach the court. he further dispelled the notions of demolitions only targeting a particular community. "80% aggrieved from Madhya Pradesh are Hindus..I do not like saying such things..", he added.
The Supreme Court had earlier questioned the concerned authorities over their wanton demolition of houses and properties of the accused in a criminal case.
A plea was filed by Jamiat Ulema-I-Hind after the Jahangirpuri demolitions, urging the top court to issue appropriate directions to the Center and States against actions of bulldozing properties of any accused in any criminal proceedings.
The organisation in their petition has said that there has been an increase in the incidents of demolition of residential and commercial premises by government administration in several states as a ‘punitive measure’ against persons allegedly involved in crime.
Jamait claims that such measures are against the constitution and violate the rights of a person. it was further claimed that “such measures by the government undermine the criminal justice system of our country, including the important role of the courts.
Case Title: Jamiat Ulama I Hind vs. North Delhi Municipal Corporation
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