Supreme Court of India.
Credit: PTI Photo
New Delhi: In a strong observation against "bulldozer justice", the Supreme Court on Thursday said in a country where actions of the state are governed by the rule of law, the transgression by a family member cannot lead to demolition of their legally constructed house or it would be equivalent to running bulldozer over the laws.
Hearing a plea by Javedali Mahebubmiya Saiyed, a bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and S V N Bhatti said threats of demolition of the house of an accused in a country governed by the Rule of Law is inconceivable.
"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 bench said.
The court also emphasised moreover the alleged crime has to be proved through due legal process in a court of law.
"The court cannot be oblivious to such demolition threats which are 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 bench said.
The court directed status quo in respect of the petitioner’s property by all concerned.
It issued notice to the Gujarat government against the petitioner's apprehension over threats issued for demolition of the house as an FIR came to be registered against one family member on September 1, 2024.
The petitioner's counsel referred to the revenue records of Village Kathlal in Kheda District to point out that he is recorded as a co-owner of the said land.
He also relied upon the resolution passed on August 21, 2004 of the Kathlal Gram Panchayat which granted permission to build residential house over the said land. He said three generations of the petitioner’s family are residing in the said houses for last about two decades.
The counsel said when the FIR was lodged against one family member, the municipal authorities have threatened to bulldoze the petitioner’s family home.
He also pointed out a complaint under Section 333 of the Bharatiya Nyaya Sanhita, 2023 was addressed to the Deputy SP, Nadiad, Kheda District on September 6, 2024, describing the situation and making it clear that the law should take its own course against the person accused of the crime.
He also referred to the orders passed by the apex court on September 02, 2024, which indicated to frame pan India guidelines to deal with similar threats of bulldozing the residences of accused of crimes.
The court sought a response from the state government and fixed the matter for consideration after four weeks.