SC: Demolishing houses of accused 'totally unconstitutional'
Pronouncing the verdict, Justice Gavai said it is not a happy sight to see women and children on the streets overnight
Coming down hard on instant “bulldozer justice”, the Supreme Court on Wednesday (November 13) laid down pan-India guidelines on demolition of properties and said the Executive cannot become a judge, declare an accused as guilty, and demolish his house.
A Bench of Justices BR Gavai and KV Viswanathan said it will be "totally unconstitutional" if houses of people are demolished merely because they are accused or even convicts.
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Pronouncing the verdict, Justice Gavai said it is not a happy sight to see women and children on the streets overnight. The Bench directed that no demolition be carried out without prior show cause notice and within 15 days from the date of the notice being served.
It directed that proceedings of demolition shall be videographed.
The Bench made it clear that its directions will not be applicable if there is unauthorised construction on public land or an order of demolition by the court of law.
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It said accused and convicts have certain rights and safeguards in light of the Constitution and the criminal law.
The top court delivered its verdict on pleas seeking framing of guidelines on demolition of properties in the country.
(With agency inputs)