NEW DELHI: The Supreme Court on Tuesday extended its earlier order of stay on demolitions across the country without prior permission of the top court, and also reserved its order on laying down a pan- India directives or Standard Operating Procedure (SOPs).
A two-judge bench of the apex court, led by Justice B R Gavai and also comprising Justice K V Vishwanathan, said that merely because a person is an accused or even a convict, so it can't be a ground for demolition of their property. "It is no ground to demolish the property of a person, merely he/ she is accused in some case," it said.
Justice Gavai, heading the bench, clearly said that its directions will apply to pan-India, irrespective of the religion, in this regard with respect to the demolition of the accused person's properties. "We are a secular country. Whatever directions will be passed, will apply pan-India irrespective of the religion, for all the citizens," the apex court said.
The petitioners -- Jamiat Ulama-i-Hind and others -- had moved the top court seeking appropriate directions to various state governments, including that of Uttar Pradesh, to ensure no further demolition of properties of those accused in cases of rioting and violence takes place.
While hearing the batch of petitions, the apex court highlighted that its directions for bulldozer action and anti-encroachment drives will be for all citizens, irrespective of the religion they follow. "Whether it be temple or dargah, it has to go. Public safety is paramount," the top court bench said in its order on Tuesday.
While warning the encroachers that illegal and or unauthorised constructions have to be demolished as per law, the apex court said, "We will ensure that our order does not help encroachers."
The SC also said it was mulling that to protect a property (alleged unauthorised structure) after demolition order is passed, say 10-15 days to allow exercise of appellate remedy and in case, a court entertains the grievance, the question of stay should be decided within a month. "The illegal structure will have to go if built in contravention of statutory rules," it said.
Senior advocate C.U. Singh, appearing for one of the petitioners side, said that the notice period should be uniform across the country and there should be a clear mandate for service of notice on a person lodged in jail or custody.
Earlier on September 17, the Supreme Court had directed that authorities across the country will not demolish properties, including of those accused of crime, till October 1, without seeking its prior permission. "Even if there is one instance of illegal demolition, it is against the ethos of our Constitution,," the apex court had said.
The apex court added that glorification and grandstanding of bulldozer justice cannot be allowed in the country. It directed that no bulldozer demolition be conducted without its permission till the next date of hearing on Oct 1.
The top court had earlier expressed its displeasure over the way the accused persons properties were being demolished in some cases and questioned, should this happen in our country?
The petitioners claimed that almost every state was now indulging in demolishing properties of accused persons. The Jamiat had earlier filed a plea in the apex court over demolition of some buildings in Jahangirpuri area of the national capital. The Jamiat had also filed a petition in the apex court seeking directions to the Uttar Pradesh government to ensure no further demolition of properties of those accused of violence was carried out in the state.
It had also said no demolition should be carried out without following the due process and sans prior notice.
