New Delhi, September 2, 2024 — The Supreme Court of India has taken a firm stance on the issue of authorities demolishing houses immediately after the filing of First Information Reports (FIRs). The court’s concern comes in response to instances where such actions have been carried out without due process, raising significant legal and ethical questions.
During a hearing on Monday, the Supreme Court expressed its intention to create a set of nationwide guidelines to prevent arbitrary demolitions of properties belonging to individuals accused of crimes. This move is in response to growing concerns that some state authorities are using demolition as a form of punitive action against accused persons, often without providing prior notice or a fair hearing.
Advocate Farrukh Rasheed, representing Jamiat Ulema-e-Hind, emphasized the court’s strong reaction to the issue. “The Supreme Court has taken a strong view on the fact that they are demolishing the house on the next day of filing the FIR. The court said they are going to frame guidelines on the next date of hearing, (as per which) no action can be taken without hearing and giving notice, even if the construction is illegal,” Rasheed stated.
The court’s remarks highlight the importance of due process, even in cases where the construction in question is deemed illegal. The forthcoming guidelines are expected to ensure that individuals accused of crimes are not subjected to immediate and potentially unlawful demolition of their homes without an opportunity to present their case.
Earlier today, the Supreme Court made it clear that these guidelines would be applicable across the entire country, aiming to standardize the approach to such demolitions and prevent misuse of power by local authorities. The court’s decision is seen as a significant step toward safeguarding the rights of citizens, ensuring that any action taken against them is within the bounds of the law.
Legal experts and civil rights advocates have welcomed the Supreme Court’s move, noting that it addresses a critical issue that has caused widespread concern in recent times. The proposed guidelines are expected to include provisions that mandate prior notice and a fair hearing before any demolition can occur, regardless of the legality of the construction.
As the court prepares to finalize these guidelines in the upcoming hearing, the decision is anticipated to have far-reaching implications for how state authorities handle cases involving property demolitions linked to criminal accusations. The Supreme Court’s proactive approach underscores its commitment to upholding the rule of law and protecting the rights of individuals against potential abuses of power.
