Demolitions are still being used as a form of punishment in Uttar Pradesh despite a Supreme Court ruling against the practice, the Allahabad High Court said on Tuesday.
The court noted that there is no provision in Indian law allowing the demolition of property as a punitive measure, yet the practice has continued in the state.
In November 2024, the Supreme Court ruled that demolishing the properties of persons accused of crimes as punishment was illegal and said due legal process must be followed before removing any allegedly illegal encroachments.
A bench of Justices Atul Sridharan and Siddharthanandan questioned whether the Supreme Court’s directions were being implemented in Uttar Pradesh. It also asked whether the state had the authority to demolish the home of an accused or whether its responsibility was to protect citizens’ rights, news agency ANI reported.
The bench observed that demolitions carried out soon after the registration of a criminal case could amount to a misuse of executive power. It said it had seen several instances where demolition notices were issued in such circumstances.
Reiterating the Supreme Court’s ruling, the High Court said demolition cannot be used as a form of punishment, adding that the power to punish lies with the judiciary and not the executive.
The court further said that even a “reasonable apprehension” of demolition was sufficient grounds for citizens to approach the judiciary, according to ANI.