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Informist, Thursday, Sep 12, 2024

 

NEW DELHI – The Supreme Court today observed that alleged involvement in crime is no ground for demolition of a property. Further, the alleged crime has to be proved through due legal process in a court of law, it added. The top court was hearing a petition where a first information report was registered against one family member of the petitioner, Javedali Mahebubmiya Saiyed, in Gujarat on Sep 1. However, the municipal authorities thereafter threatened to bolldoze the Saiyed's family home, the petitioner alleged.

 

"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," said the Bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and S.V.N. Bhatti. The court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme, said the bench. Otherwise, such actions may be seen as running a bulldozer over the laws of the land, it added.

 

The top court issued a notice to the State of Gujarat and Kathlal Nagarpalika, and ordered a status quo to be maintained with respect to the petitioner's property. The court will next hear the case after four weeks.

 

The top court's remarks assume significance as another Bench of the court on Sep 2 had proposed pan-India guidelines to address concerns regarding demolition of houses or property of accused who are allegedly involved in a crime. The Bench of Justices B.R. Gavai and K.V. Viswanathan had said that such a demolition can't be allowed solely because a person is accused of a criminal offence. "How can a house be demolished just because he is accused? It can't be demolished even if he's a convict..." the bench had remarked.

 

The apex court was hearing multiple petitions regarding demolitions which were taking place without notice and as a form of revenge. Some of the petitioners said several houses were demolished after the riots in Delhi's Jahangirpuri in 2022 on allegations that those people had instigated riots. Additionally, there was a case from Udaipur, Rajasthan, where a person's house was demolished because the tenant's son was accused of a crime.  End

 

Reported by Surya Tripathi

Edited by Tanima Banerjee

 

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