NEW DELHI: In a significant ruling, the Supreme Court of India has temporarily halted all demolitions across the country, responding to a petition from the Jamiatul Ulama Hind and interventions by the Association for Protection of Civil Rights (APCR). The bench, led by Justices B.R. Gavai and K.V. Viswanathan, issued the order during a hearing regarding the misuse of executive power in punitive demolitions affecting marginalized communities.
The court has directed that no demolitions should occur without its explicit permission, providing crucial relief to victims who have faced demolition based on mere allegations. This interim measure will remain in effect until the next hearing on October 1, 2024.
The APCR highlighted cases from Udaipur and Jaora, where individuals like Rashid Khan and Mohammad Hussain have experienced demolitions linked to accusations against their tenants and family members. Senior Advocate C.U. Singh, representing the victims, underscored the alarming trend of demolitions following allegations of misconduct, including incidents that occurred immediately after unrest.
In the courtroom, Solicitor General Tushar Mehta defended the actions taken by local authorities, asserting that prior notices were issued before the demolitions. However, Justice Gavai criticized the practice of demolitions as punitive measures, emphasizing that the executive cannot act as judge in such situations.
The Supreme Court’s decision follows ongoing concerns about the arbitrary nature of these demolitions, which have often targeted marginalized communities. The APCR has called for pan-India guidelines to ensure due process and prevent misuse of power, proposing frameworks for accountability and compensation for affected individuals.
As the legal battle continues, the court’s interim order serves as a pivotal moment for those advocating against the misuse of state authority in demolition cases.