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Synopsis

The Supreme Court has by way of an interim order halted any demolition without its permission of properties of persons just because they are accused of being involved in a crime.

A bench of Justices BR Gavai and KV Viswanathan has passed this direction in exercise of its powers under Article 142 of the Constitution.

Notably, Solicitor General Tushar Mehta objected to the passing of such a direction, saying it will tie the hands of statutory authorities. 

“Stay your hands. Nothing will happen in 15 days,” Justice Gavai said in response.

Two weeks back, Supreme Court had questioned the concerned authorities over their wanton demolition of houses and properties of accused in a criminal case.

Solicitor General Tushar Mehta had then told court that action was being taken only as per MUNICIPAL LAW VIOLATIONS.

In response, the bench asked, "How can demolition be just because he is an accused or even a convict?". "If construction is unauthorised, fine. There has to be some streamlining. We will lay down a procedure. You are saying demolition only if violation of municipal laws. There is a need for guidelines, it needs to be documented", the bench went on to add.

Senior Advocate Dushyant Dave, appearing for Jamiat Ulema-i-Hind, told the court that several houses were demolished in Delhi's Jahangirpuri immediately after the riots in April 2022 on the allegation that they had instigated riots.

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