Sukhmani Kooner, Pune
The Supreme Court of India on Thursday said that if the trend of demolitions continues to grow, it will threaten the fundamental rights guaranteed to every citizen in the country. The three-judge bench comprising Justice Hrishikesh Roy, Justice Sudhanshu Dhulia, and Justice SVN Bhatti told the government that demolition threats to citizens, allegedly involved in crime, are inconceivable in our country, where the law is supreme.
The bench said, “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. The court cannot be oblivious to such demolition threats 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 ruling came after Javedali M Saiyed wanted to seek protection from a proposed demolition. Following the plea, the bench ordered notice to the Gujrat government and the civic body of Kathlal in the Kheda district to maintain status quo on the demolition.
The petitioner’s lawyer argued that their client’s family has been living in the house for the past 20 years, spanning three generations.
The lawyer also mentioned that an FIR was filed against a family member on September 1 and alleged that the municipal authorities had threatened to demolish their house.
The court observed that the petitioner had referred to a complaint regarding house trespass, which was submitted to the police on September 6. In this complaint, the situation was explained, and it was noted that the law should proceed appropriately against the individual accused of the crime.
The court’s order also acknowledged the petitioner’s argument that the municipal body has no justification to issue threats or take actions like using bulldozers to demolish the house, which was legally built and occupied.
This action reflects the judiciary’s increasing response to the spread of “bulldozer justice” across India. On September 2, a different Supreme Court bench took initial steps toward establishing nationwide guidelines on demolitions, in light of growing worries about arbitrary property destruction. The court highlighted that demolishing the homes of accused individuals without adhering to legal processes infringes on fundamental rights and due process, raising significant constitutional issues.