New Delhi: The Supreme Court is set to deliver its ruling on Wednesday, establishing nationwide guidelines regarding the utilisation of bulldozers by state governments as a punitive action to demolish the residence or business of an individual right after they are identified as an accused in a crime.
During the previous hearing, the Apex Court stated that it would establish pan-India guidelines, emphasising that any religious structure situated on a road, whether a 'dargah' or a temple, "must be removed" as public interest is of utmost importance.
A panel led by Justice B. R. Gavai will deliver the ruling. The Supreme Court's panel had set aside the decision on October 1. A series of requests claimed that buildings, including those charged with an offence, were being destroyed in multiple states.
Supreme Court In Previous Hearing
The Supreme Court was reviewing petitions submitted by Jamiat Ulama-i-Hind and others requesting instructions to different state governments to guarantee that no additional demolitions of properties belonging to individuals accused of rioting and violence occur.
At the hearing on October 1, the Supreme Court prolonged its temporary directive instructing authorities to halt demolition activities until further notice. During a prior hearing on the issue, the Supreme Court noted that even a single occurrence of unlawful demolition contradicted the "spirit" of the Constitution.
"Whatever we are establishing, we are a non-religious nation," the bench had remarked. "We are stating this for all citizens and institutions, not for any specific community."
It was stated that being an accused individual or even a convicted person cannot serve as a reason for property demolition.
Supreme Court Received Petitions
The situation arrived at the Supreme Court via petitions asserting that states such as Uttar Pradesh were abusing municipal laws to destroy the properties of members from minority communities, alleging that these actions were motivated by political advantages.
Justice Viswanathan pointed out that there have been 4.45 lakh demolitions in recent years. Solicitor General Tushar Mehta, representing Uttar Pradesh and other parties, conceded that even serious offenses shouldn’t result in punitive demolitions, yet contended that municipal actions ought not to be viewed as communal.
He warned that the court's involvement in illegal demolitions could promote encroachments and obstruct genuine actions against unauthorized buildings. Senior attorney C.U. Singh highlighted that the petitioners are against the misuse of municipal laws, rather than their legitimate enforcement.
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