Community leaders, legal groups welcome Indian top court’s move to place guidelines on procedures for property demolition

​​​​​​​By Ahmad Adil

NEW DELHI (AA) – India’s Supreme Court is set to give procedures on the demolition of properties of those accused of various offenses.

“How can anybody’s home be demolished because he is an accused in a case? The law does not permit that,” asked Justice BR Gavai on Monday. “Can it happen even if a person is a convict?” said Gavai, who heads a Supreme Court bench with Justice KV Viswanathan.

The move comes amid cases where properties of those “accused” have been torn down by authorities as judges were hearing petitions challenging the “bulldozer actions” in several states.

Community leaders as well as legal fraternities have welcomed the court’s move which will issue guidelines later this month.

“The Supreme Court’s intervention is a must at this point in time,” lawyer M R Shamshad told Anadolu.

Authorities have adopted a “procedure unknown to the system by demolishing the houses only because somebody is suspected of the crime,” he said. “Not following the existing laws by the state mechanism gives basis to lawlessness and anarchy.”

Expecting an “effective guideline” from the top court, Shamshad urged a citizen-friendly procedure that would also protect cases of “targeted and selective use of municipal laws to keep a check on unauthorized and illegal construction.”

The top court said it will give certain guidelines on a pan-India basis.

Uttar Pradesh state government told the court that the “immovable properties can be demolished only in accordance with the procedure prescribed by law.”

Jamiat Ulama-i-Hind President Maulana Arshad Madani also welcomed the court’s decision.

“The court remarked that even if someone is a criminal, their property should not be destroyed, emphasizing that it is unacceptable to demolish someone’s home just because they are accused of a crime,” he said.

Jamiat said recent bulldozer actions targeting Muslim properties have occurred again in Madhya Pradesh and Rajasthan states, bringing the issue into the spotlight again.

“Last week, lawyers requested an expedited hearing on the matter … Jamiat Ulama-i-Hind has filed a petition with the Supreme Court challenging these bulldozer actions across various states, including Delhi,” it said.

The top court issued a notice in 2022 to the central government and provincial states, seeking responses regarding demolitions. The next hearing has been set for Sept. 17.

Amnesty International said in February that India’s "widespread unlawful demolitions of Muslims’ homes, businesses and places of worship through the use of JCB bulldozers and other machines must stop immediately.”

JCB is a British multinational manufacturer of construction, agriculture, waste handling, and demolition equipment. Bulldozers made by JCB are mostly used in India.