The Supreme Court on Thursday refused to entertain contempt petitions alleging that demolitions were being carried out in violation of its November 2024 judgement that laid down guidelines against punitive action, Live Law reported.
The court said that the concerns should be raised before the High Courts.
There are no provisions in Indian law that allow for the demolition of property as a punitive measure. However, the practice has become commonplace in Bharatiya Janata Party-ruled states.
In November 2024, the Supreme Court held as illegal the practice of demolishing properties of persons accused of crimes as a punitive measure. It said that processes must be followed before removing allegedly illegal encroachments.
A bench of Chief Justice Surya Kant and Justices Joymalya Bagchi and V Mohana said that there will be factual disputes in individual cases and that the top court cannot adjudicate each claim. It passed an order sending the contempt petitions to the High Courts.
The Supreme Court had earlier issued notice to the authorities in some of the petitions, Live Law reported.
A counsel in one of the petitions pertaining to the allegedly unlawful bulldozing of mosques in Gujarat’s Somnath urged the Supreme Court to intervene in the cases, contending that these were evidently egregious violations, Live Law reported.
A lawyer appearing in a contempt case from Maharashtra was quoted as having said that many demolitions...
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