Supreme Court slams "bulldozer action" second time this month

The Supreme Court of India Thursday September 12, 2024 categorically called illegal the demolition of homes belonging to an accused, asserting mere alleged involvement in a crime cannot be a ground to demolish a property

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New Delhi: The Supreme Court of India Thursday September 12, 2024 categorically called illegal the demolition of homes belonging to an accused, asserting mere alleged involvement in a crime cannot be a ground to demolish a property.

"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", a three judges SC bench headed by Justice Hrishikesh Roy said.

The SC also said that a crime if committed by a person cannot be a reason to punish other family members.

"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", the SC bench, also comprising Justices Sudhanshu Dhulia and S V N Bhatti, said.

The SC bench said this while hearing a petition by Javed Ali Mehboob Miya Saeed of Gujarat's Kheda district.

Javed approached the apex court stating that the municipal authorities in Kheda in a notice issued on on September 1, 2024 had threatened to bulldoze his family home following an FIR against one of his family members.

"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 also ordered status quo in respect of the petitioner’s property is to be maintained by all concerned.

This is the second time in this month the Supreme Court of India denounced what is famous as "bulldozer justice" which has become a norm, especially in the BJP ruled-states where homes mostly of Muslims have been bulldozed.

On September 02, 2024, the Supreme Court also gave indication of framing a nationwide guidelines to stop 'bulldozer actions'.

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