The Supreme Court on Thursday delivered a strong rebuke against the practice of ‘bulldozer justice,’ emphasising that the mere accusation of a crime does not justify the demolition of a person’s property.
A bench comprising Justices Hrishikesh Roy, Sudhanshu Dhulia, and SVN Bhatti made it clear that demolishing properties based on allegations of criminal activity is unacceptable.
“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. Moreover, the alleged crime has to be proved through due legal process in a Court of law,” Justice Roy stated.
Justice Roy further noted that the court cannot ignore such demolition threats, which are inconceivable in a nation where the law is supreme. “Otherwise such actions may be seen as running a bulldozer over the laws of the land,” he added.
The ruling came in response to a petition filed by Javed Ali Mehboobamiya Saeed from Kheda district in Gujarat, who stated that municipal officers had threatened to demolish his family’s home with a bulldozer after a trespass case was filed against him on September 1. The property in question has been the residence of three generations of Saeed’s family for over two decades, Bar and Bench reported.
The top court has now ordered the Gujarat government to respond to this matter within four weeks and has instructed that the status quo of the property be maintained during this period.
This decision follows a previous Supreme Court ruling on September 2, where the Court criticised the trend of demolishing properties of individuals accused of crimes.
Justices BR Gavai and KV Viswanathan had expressed their concerns about the legality and fairness of such demolitions, asserting that they cannot be justified merely on the basis of criminal accusations.
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