Supreme Court of India (ANI)
New Delhi: On Thursday, the Supreme Court of India once again condemned the practice of "bulldozer justice," expressing concern over the increasing trend of demolishing properties without following due legal process. A bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti emphasised that such actions are inconceivable in a country governed by the rule of law.
The strong remarks came during a hearing related to the attempted demolition of an ancestral house in Gujarat’s Kheda district. The property in question belonged to the family of Javedali Mahebubmiya Saiyed, whose brother had been accused of sexual harassment and assault. The local municipality, Kathlal Nagar Palika, issued a demolition notice on September 6, just four days after an FIR was filed against Saiyed’s brother. Saiyed argued in his petition that the demolition was a form of collective punishment imposed on the entire family due to the criminal charges against one member.
During the hearing, the Supreme Court made it clear that the alleged involvement of a family member in a crime does not justify the demolition of legally constructed properties. The bench reiterated that actions by the State must adhere to the rule of law. "The involvement in a crime has to be proved through the legal process in a court of law," the court stated. It also cautioned against demolitions, which could be perceived as a violation of the law. "Such actions may be seen as running a bulldozer over the laws of the land."
The court ordered a stay on the demolition and instructed the concerned authorities to maintain the status quo on the property, seeking explanations within a month.
Recently, local governments and police across India have increasingly resorted to demolishing properties of individuals accused of crimes, sometimes extending the punishment to their families. These actions, often executed without proper legal process, have raised concerns about the misuse of power.
On September 2, a separate Supreme Court bench led by Justices Bhushan R Gavai and KV Viswanathan had also expressed concerns over demolitions conducted on criminal grounds. The bench questioned how homes could be demolished simply because a person was accused of a crime, asserting that even a conviction does not warrant such drastic measures without legal protocols being followed.
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