Demolition Of House Of Accused Or Criminal Is Illegal And Unconstitutional
📌 Demolition of House of Accused or Criminal: Illegal and Unconstitutional
⚖️ Core Legal Position
The demolition of the house of an accused or even a convicted person by the State/police as a form of punishment is illegal and unconstitutional.
This is because:
Rule of Law → No person can be punished except through due process of law.
Presumption of Innocence → An accused is innocent until proven guilty.
Fundamental Rights → Arbitrary demolitions violate Article 14 (Equality before law), Article 19(1)(e) (Right to residence), and Article 21 (Right to life and dignity) of the Constitution.
Separation of Powers → Only courts can decide punishment, not the executive/municipality/police acting punitively.
🔎 Why Demolitions Are Illegal
Not a Statutory Punishment
Indian Penal Code (IPC), CrPC, UAPA, or any other law does not prescribe demolition of house as punishment.
If done, it amounts to “mob justice by the State”.
Violation of Natural Justice
Demolition without notice and hearing violates the principle of audi alteram partem (hear the other side).
Targeted Demolitions = Discrimination
If demolitions are done selectively (only for certain accused groups), it violates Article 14.
Due Process Requirement
Even if a building is “illegal,” demolition can only be carried out under municipal laws following proper notice, hearing, and remedy in appeal.
Using it as a shortcut punishment is unconstitutional.
📚 Case Laws
Supreme Court – Harsh Mander v. State of UP (2022, demolition cases)
SC expressed strong disapproval of using demolitions as a tool for punishment.
Observed: “Demolition can only be carried out under municipal laws, not as a measure of criminal punishment.”
Justice K.M. Joseph’s remarks (2022, SC hearing on UP demolitions)
“You cannot bulldoze someone’s house because he is an accused. That is not in our law books.”
Olga Tellis v. Bombay Municipal Corporation (1985) 3 SCC 545
SC held that the right to shelter is part of Article 21.
Any eviction/demolition without procedure violates fundamental rights.
Municipal Corporation of Greater Mumbai v. Sunbeam High Tech Developers (2019)
Demolition must follow due process under municipal law; otherwise, it is illegal.
Allahabad HC – Afzal Ansari v. State of UP (2023)
The Court observed that demolition of accused persons’ properties without following municipal law is manifestly arbitrary and illegal.
📝 Conclusion
Punishment of demolition = unconstitutional.
State can demolish only illegal constructions, that too after proper notice, hearing, and appeal under municipal laws.
Using demolitions to punish “accused” or “criminals” bypasses courts, due process, and fundamental rights → hence illegal and unconstitutional.
RELATED Blog
0 comments