'Alleged Involvement In Crime Is No Ground For Demolition Of A Property': Supreme Court Slams 'Bulldozer Justice'

The Supreme Court on Thursday (12 September) again slammed the concept of 'bulldozer justice' in the country, observing that the such demolition threats are inconceivable in a country where the law is supreme.

The SC bench of Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti said the court cannot be oblivious to actions that may be seen as “running a bulldozer over the laws of the land”.

"In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally constructed residence. Alleged involvement in crime is no ground for demolition of a property," the Court said.

The court made the observations while hearing a case related to the municipal authorities in Gujarat's Kheda district threatening demolition of an ancestral house by the local municipality because of the alleged involvement of a family member in a criminal incident.

The petitioner, Javedali Mahebubmiya Saiyed, has claimed that the Kathlal Nagar Palika had issued a notice of demolition on 6 September — days after a first information report (FIR) was lodged against his brother on charges of sexual harassment and assault.

In his petition, Saiyed contended that the demolition was intended to punish the family for criminal charges slapped on one member of the family, Hindustan Times reported.

The Apex Court took note of the fact that the alleged crime is yet to be proved through due legal process in a court of law.

"The Court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise such actions may be seen as running a bulldozer over the laws of the land," the Court added.

The Bench sought the response of the Gujarat government in the matter within four weeks, and ordered status quo of the property till then.

Earlier on 2 September, the Supreme Court had criticised the trend of demolishing houses or properties of those who are accused of crimes and said that it would issue guidelines to tackle such issues of "bulldozer justice."

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