NEW DELHI: On Tuesday, the Supreme Court postponed its decision on several petitions asking the Central and state governments to stop demolishing the homes or properties of individuals accused of crimes as a form of retaliation. A bench consisting of Justices BR Gavai and KV Viswanathan stated that the guidelines to be established by the court will be applicable across the country, irrespective of a person’s religion or belief. “We are a secular nation.” The order will not benefit those who encroach. We will clarify that no accused or convicted individual can be punished by state authorities through the destruction of their house. Justice Gavai stated that state authorities can only order demolitions in cases of violations of municipal laws. The Bench confirmed that its earlier interim order from September 17, which prohibits government authorities from demolishing properties of individuals suspected of criminal activities without court approval, will remain in effect until the final decision is made. However, this ruling does not apply to situations where demolitions are necessary to remove unauthorized construction. On Tuesday, the Bench proposed the establishment of an online portal to inform those who may be affected by planned demolitions, along with documenting the actions taken through videography. The Bench emphasized the importance of addressing encroachments on public land. They remarked that any religious structure obstructing the road—whether a gurudwara, dargah, or temple—must not impede public access. The court also highlighted the need for judicial oversight regarding demolition orders for any structures. Solicitor General Tushar Mehta, representing the states of Uttar Pradesh, Gujarat, and Madhya Pradesh, requested the Bench to avoid establishing a legal precedent that could “unintentionally” favor encroachers or developers occupying public land. Mehta emphasized that the demolition of any property should occur only in cases of violations of municipal regulations. Mehta stated that a person should not be punished by having their property demolished simply because they are accused of or have been convicted of a serious crime. The Bench noted that the individual whose property is to be demolished should receive advance notice through registered mail. Additionally, the Bench recommended creating an online portal to inform the public prior to such actions being carried out. The Bench noted that after a demolition order is issued, its execution might be delayed for a period.
