For the second time in a month, the Supreme Court has made a strong comment on the bulldozer action.
He has asked not to threaten to run the bulldozer. The Supreme Court on Thursday said that alleged involvement in any crime is not a ground for demolition of properties.
The apex court ordered a Gujarat municipal body to maintain status quo and not threaten to bulldoze the house of an accused in a criminal case.
The court said that in a country where the law is supreme, such threats of demolition are unimaginable.
The court said that it cannot remain oblivious to such actions which could be seen as bulldozing over the laws of the country.
A bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and SVN Bhatti said, “In a country where the action of the government is governed by the rule of law, a crime committed by a member of a family does not invite action against other members of the family or their legally constructed house. Alleged involvement in a crime is not a ground for demolition of any property.”
The court said, “Besides the alleged crime should be proved through due legal process in the court. In a country where the law is supreme, the court cannot ignore such vague threats of demolition. Otherwise such actions can be seen as running a bulldozer on the law of the country.”
The bench issued notice to the Gujarat government and the municipal body of Kathlal in the state’s Kheda district on a plea filed by Javed Ali M Syed seeking protection from the proposed demolition action.
The court sought a response from the state and the civic body within four weeks. The petitioner’s counsel said an FIR was filed against a member of the family on September 1.
The lawyer claimed that municipal officials have threatened to bulldoze the petitioner’s family home. The apex court agreed to review the matter and listed it after a month.
Let us tell you that earlier this month, while hearing another case, the Supreme Court had said that guidelines on bulldozer action would be made soon.
Calling it serious and worrying, the court had said that the way action is being taken in some states is against the rules.
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