The Rajasthan High Court on Thursday criticised the state government for being “hell-bent” on punitive demolitions while ordering a stay on the razing of homes belonging to those accused in a rape and blackmail case in Beawar district, The Indian Express reported.

Justice Mahendra Kumar Goyal was hearing petitions filed by the families of the accused, who had received show-cause notices on February 20 for the demolition of their homes. The notices alleged violations of sections 194 and 245 of the Rajasthan Municipality Act, which deal with building norms and unauthorised encroachments, The Times of India reported.

Section 194 of the Act pertains to norms regarding the construction of buildings while section 245 deals with unauthorised encroachments.

Goyal noted that the petitioners had responded to the notices in time, yet authorities remained “hell-bent to demolish their construction without taking a decision on their response,” The Indian Express quoted him as saying. He ordered that the status quo be maintained until the next hearing on March 11.

The case involves the arrest of 11 Muslim men last month for allegedly raping and blackmailing five girls. The arrests followed three FIRs filed on February 16 based on complaints from the girls’ families. The incident led to communal tensions, after which the Bijaynagar municipality issued demolition notices for the homes of the accused persons’ families, The Times of India reported.

The families challenged the demolitions in the High Court, naming as respondents the state’s local self government department, the additional chief secretary (home department), the Beawar district collector, the superintendent of police and the Bijaynagar municipality.

During the hearing, lawyer Syed Saadat Ali argued that the homes marked for demolition belonged to the accused persons’ families, not the accused themselves. “Not a single home is owned by the accused,” The Indian Express quoted him as saying. He also contended that the municipality had not followed the Supreme Court’s November 16 guidelines on punitive demolitions. “Not a single point was followed,” he said.

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 Supreme 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”.

Meanwhile, the BJP government in Rajasthan has formed a Special Investigation Team to probe the allegations in the case, The Indian Express reported.

“It is a serious issue and is being dealt with by the government on priority,” Ajmer Range Deputy Inspector General Om Prakash said. He added that the team had been given seven days to submit a report.