The court raises serious concerns about demolishing homes based on alleged crimes, asking if such actions constitute an abuse of executive power
PRAYAGRAJ – The Allahabad High Court has issued a strong rebuke to the Uttar Pradesh government over its use of bulldozers to demolish homes, questioning whether such actions are legally valid, especially after the Supreme Court guidelines.
The court was hearing a petition filed by Fahimuddin and others from Hamirpur district, who feared their homes would be demolished. Their relative had been accused under the POCSO Act and illegal conversion laws, following which the local administration served a demolition notice.
The high court bench, comprising Justice Atul Shridharan and Justice Siddharth Nandan, on Tuesday, noted a pattern in such cases. “We have seen many cases where a notice for demolition is issued immediately after an alleged crime, and the house is demolished after completing formal procedures,” the court observed.
It raised a fundamental question: “Does the state government have the authority to demolish the house of an alleged offender, or is its duty to protect the fundamental rights of citizens?”
The court specifically referenced Supreme Court guidelines issued in November 2024, which stated that demolition cannot be used as a punitive measure and that establishing guilt or innocence is solely the judiciary’s domain, not the government’s.
The bench emphasised the need to balance the state’s power to demolish with the constitutional rights of citizens under Articles 14 (right to equality) and 21 (right to life and liberty). “Some vital constitutional questions about this balance need to be answered,” the court noted.
The state government’s lawyer assured the court that no demolition would occur without following due process and allowing the petitioners a fair chance to present their case. The court granted interim relief to the petitioners and scheduled the next hearing for February 9.
This hearing comes amid ongoing criticism of “bulldozer actions” in Uttar Pradesh and other states, where properties, often belonging to Muslim individuals accused of crimes, have been demolished. The high court’s intervention highlights the ongoing legal and constitutional debate over the use of executive power in such demolitions.
