The Supreme Court on Wednesday agreed to examine allegations of “pick and choose” bulldozing of “a particular community’s” properties at many places but refused to pass an omnibus order restraining authorities from demolishing illegal structures.

Petitioner Jamiat Ulama-i-Hind has accused authorities of selectively demolishing houses and shops of Muslims, after branding them as rioters, and sought a directive forbidding the punitive bulldozing of properties of “any accused in any criminal proceedings”.

“Yes, we agree that the rule of law has to be followed…. But can we pass an omnibus order, even if under the municipal laws the constructions are unauthorised? Can the court pass an omnibus order to restrain the authorities?” the bench of Justices B.R. Gavai and P.S. Narasimha asked senior advocates Dushyant Dave and C.U. Singh, representing the Jamiat.

The bench, however, agreed to examine the allegation of selective targeting of a particular community’s properties and posted the next hearing to August 10.

BJP-administered police and municipal bodies have demolished allegedly illegal constructions, owned mostly by Muslims, following communal violence during Ram Navami and Hanuman Jayanti processions in states such as Uttar Pradesh, Madhya Pradesh, Gujarat and Delhi.

On Wednesday, solicitor-general Tushar Mehta, representing the Centre in court, objected to the petition saying the Jamiat had no locus standi and only the aggrieved property owners had the right to approach the court.

“Taking part in riots doesn’t give immunity from having illegal construction demolished. Let us not sensationalise,” Mehta told Dave and Singh.

Mehta denied that only one community was being targeted.

Dave said the authorities were “picking and choosing action against a community”, and asked why Delhi authorities were not demolishing the city’s illegal farmhouses or unauthorised buildings in the affluent Sainik Farm settlement.