In an order of significance, the Bench of Justice B.R. Gavai and Justice K.V. Vishwanathan of the Supreme Court have expressed their intention to lay down guidelines for states resorting to "bull-dozer actions" and engaging in the demolition of houses of persons accused of crimes  across the country. Hearing a batch of petitions on the instant issue, the court  stated, "Let us try to resolve the issue on pan-India basis". The matter has now  been posted  for hearing after two weeks, during which time  parties have been directed  to propose suggestions that could be examined by the court to frame  pan India  guidelines.

The instant case dates back to 2022, when a batch of petitions were filed before the Supreme Court relating to the demolition drive scheduled for April 2022 in Jahangirpuri, Delhi. The drive was subsequently stayed, but the petitioners prayed for a declaration  that authorities cannot resort to bulldozer actions as a form of punishment. 

One of the petitioners was Brinda Karat, former Rajya Sabha MP and CPI (M) leader who challenged the Municipal Corporation’s demolitions in the Jahangirpuri area after communal violence rocked the place on April 16, 2022. 

 While voicing his grave concern about the rising trend of state governments demolishing homes of people accused of crimes, Senior Advocate Dushyant Dave, appearing for petitioners Jamait  Ulema-i-Hind, stated that the right to a home was a facet of  right   to life under Article 21 of the constitution.  He urged  the court therefore to order reconstruction of the houses demolished.  

Taking serious note of states taking recourse to demolition of homes of accused as a means of payback, vigilantism and punishment, Justice Gavai noted, “How can a house be demolished  just because he is accused? It can’t be demolished even if he’s convict” . Even if a construction is unauthorised, the demolition can be carried out as per the procedure in “accordance with law." Justice Viswanathan noted , “why can’t some guidelines be laid down? It should be put across states. This needs to be streamlined. A father may have a recalcitrant son, but if the house is demolished on this ground this is not the way to go about it’’.

Appearing for the State of Uttar Pradesh, Solicitor General of India Tushar Mehta put forth that, as mentioned in their affidavit, “No immovable property can be demolished because the owner/occupant is involved in offence’’. Calling to attention the cases mentioned in the petition filed against the Government of Uttar Pradesh, he apprised the court  that notices for violation were duly sent to persons, but after they failed to respond to them, unauthorised constructions were razed following the due process of municipal laws.