A two Judge Bench, of the Supreme Court of India, comprising of Justices KV Vishwanathan and BR Gavai, heard several petitions on September 2, pertaining to demolition of houses (or Bulldozer Action) of persons accused of Criminal Activites.

This element, crusaded in recent times by the BJP Government in Uttar Pradesh, and very recently by the BJP Government in Udaipur, has made the Apex Court question the legality of such action, which is solely based on the owner being an accused in a criminal activity. The two Judge Bench, deliberated and stressed that such action must follow legal protocol and the Solicitor General Tushar Mehta alos affirmed that properties CANNOT BE DEMOLISHED for the reason of criminal associations or criminal acts.

Very recently, in the murder case of a student in Udaipur, the Udaipur Municipal Corporation, on government orders, demolished the home of a student who was accused of stabbing his co-student in school. On the very day of the incident, the UMC 'issued' orders seeking response from the owner of the house for construction on 'purported' forest department land, and within 24hours of the notice, even demolished the house, an event that was telecast unabashedly LIVE on National and Local Media. Interestingly, the house was rented by the family of the student who was accused in the incident and the landlord had to bear the loss, for no fault of his own. A couple of days later, the PUCL sent a letter addressed to the Chief Justice of Rajasthan, seeking legal remedy on the action and punishment for those involved in the demolition, which also included the State, as it was a State Order that led to the hurried demolition.

The Apex Court, hearing the petitions on September 2, remarked, "How can house be demolished just because he is accused? Can't be demolished even if he's convict". The Bench further remarked that while they do not support illegal construction, or encroachment on public or government property, demolition must be carried out in accordance with Law. Even in case of a convict, the Law needs to be followed. Even Solicitor General Tushar Mehta told the Bench that mere association of person in a criminal activity cannot lead to his or her property being demolished. The house owner from Udaipur, along with another from Rajasthan and one from Madhya Pradesh, had approached the Apex Court, against the State Orders that led to the demolishing of their house.

Additional Source: Media Reports