Supreme Court On Bulldozer Action: The Supreme Court has once again expressed displeasure over the bulldozer action. The Supreme Court said that being accused of a crime cannot be the basis for demolition of property. That alleged crime must be proved in court through the legal process. The court cannot remain oblivious to such threats of demolition. The court cannot turn a blind eye. This is unimaginable in a nation where the law is supreme. The apex court said these things on Thursday (September 12, 2024) while hearing a case from Gujarat.
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The Supreme Court said that alleged involvement in a crime is not a basis for demolishing property. It is wrong to punish the entire family for the crime of one member of the house and demolish a legitimate house. There is rule of law in the country. Combining two types of cases and taking action will not be considered correct.
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In fact, a person from Kheda in Gujarat had claimed that the municipality wanted to demolish his legally constructed house. This is being done after an FIR was lodged against a family member. The Supreme Court issued a notice in the matter and stayed the action of the municipality on Thursday (12 September 2024). The court also made a strong comment about it during the hearing. A bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti said that the law is supreme in the country. The court cannot turn a blind eye to such action. Such action can be seen as running a bulldozer on the law of the country.
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This is the whole matter
Petitioner Javedali Mehboobamiya Syed, who lives in Kheda district of Gujarat, has claimed that Kathlal Municipality is trying to demolish one of his ancestral houses, even though it is legal. He says that on 2 September 2024, an FIR was registered against his brother on charges of sexual harassment and assault. Four days later, on 6 September 2024, Kathlal Municipality sent him a notice, in which it was said that his house would be demolished.
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‘It is not right to punish the whole family’
In his petition, Syed argued that the purpose of demolishing the house is to punish the entire family for the criminal charges leveled against one member of the family. During Thursday’s hearing, the Supreme Court said, “Alleged involvement in a crime is not a basis for demolishing the property. In a country where the functions of the state are governed by the rule of law, it is not right to punish the entire family for the crime committed by one member of the house and demolish a legitimate house. After hearing all the arguments, the bench has stayed the bulldozer action and sought an explanation from the concerned authorities within a month. The Supreme Court ordered that in the meantime, status quo should be maintained by all the concerned parties regarding the petitioner’s property.
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Notice issued to Gujarat Government
The court has issued a notice to the Gujarat government on a petition expressing apprehension of demolition of a joint family house after a criminal case is registered against a family member and ordered to maintain status quo on the property. This is the second time in ten days that the apex court has made such a comment on bulldozing the house of an accused.
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