The Supreme Court on Monday refused to hear a public interest litigation petition seeking contempt action against the authorities in Gujarat for allegedly demolishing the homes of persons accused of a crime, Live Law reported.

Though it did not intervene, the bench of Justices BR Gavai and Augustine George Masih allowed the petitioner to move the Gujarat High Court.

The petition alleged that the Ahmedabad Municipal Corporation in December demolished three houses and a shed belonging to persons accused in a criminal case without following due procedure and in violation of the guidelines issued by the court on November 13, PTI reported.

“Competent authority did not issue any prior notice whatsoever regarding the demolition of the homes,” the petition stated, seeking contempt of court action against the authorities. It said the homes were razed “in a drive aimed to remove encroachments by ‘antisocial elements’” in the area.

There are no provisions in Indian law that allow for demolishing property as a punitive measure. Nevertheless, the practice has become commonplace, mainly in states ruled by the Bharatiya Janata Party.

In its November 13 order, the court held that state authorities cannot demolish the properties of citizens merely because they are accused or convicted of crimes. The bench also issued guidelines to curb instances of “bulldozer justice”.

The court was hearing a batch of petitions seeking its intervention against punitive demolitions by state governments.

On Monday, the court said that it would be difficult for it to monitor all cases violating the verdict. It also referred to other petitions filed seeking similar relief that had been disposed of while asking the petitioners to approach their jurisdictional High Courts, Live Law reported.

During the hearing, Senior Advocate Anand Grover, representing the petitioner, urged the court to ensure the expeditious disposal of the matter.

“We are not inclined to entertain the present petition in this court,” the bench said. “We request the High Court that in the event the petitioner approaches the High Court, the grievance of the petitioner shall be attended expeditiously.”

According to the petition, a group had allegedly attacked a local photographer named Saddamuddin Sheikh and his cousin Sohail after demanding information about his brother Salman, a convict who had absconded after jumping parole, Live Law reported.

Subsequently, a case was filed at the Bapunagar Police Station under provisions of the Indian Penal Code, the Gujarat Police Act and the Prevention of Damage to Public Properties Act.

The petition claimed that the Bapunagar Municipal Councillor on December 20 wrote a letter to the Ahmedabad Municipal Corporation seeking the removal of the constructions owned by the persons accused in the case to teach them a lesson.