The Supreme Court on Wednesday held that that the state governments cannot act as judge and demolish properties of any person accused or convicted in a crime. The top court while laying down guidelines for the state government and its officials said that executive acting arbitrarily in demolishing properties is violative of principles of ‘rule of law’ and ‘seperation of powers’ which are fundamental part of the constitution. The court has said that violation of any of its guidelines by state will lead to contempt of court proceedings against the erring officials and costs will be imposed on them.

The top court held that demolishing home of accused without due process is unconstitutional.

While observing that it is not a pleasant sight to see women and children rendered homeless while their houses are demolished, the top court said that even if a person is convicted in a crime, the government cannot be razing his property.

Emphasising on the seperation of powers and the need to follow the due process of law, the Supreme Court said that state cannot penalise accused before trial. It added that rule of law compliance must even for municipal laws.

While laying down guidelines, the top court said that people have to be given adequate time to respond to and challenge demolition notices. The court said if they don’t wish to challenge the eviction notice then they should be given to evict the properties.

“Heavens will not fall if the authorities lend them a hand before some period.” Justice BR Gavai said while pronouncing verdict.

The court said that minimum 15 days show cause notice should be given before demolition. And the notice should be sent by a registered post and pasted on the outer portion of the house. The persons to whome notices are issued will get 15 days time each for appellate process if any as well as to remove illegal construction by themselves.

The top court further ordered forming a digital portal for such notices within 3 months. 

The court further said that if demolition is found necessary, reasons should be given as to whether full property or only part that is illegal will be razed.

The top court said that all demolition activities will have to be videographed and violation of its guidelines will invite contempt of court case and the erring officials will be liable to pay costs from salary