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The Supreme Court of India has once again condemned the practice of 'bulldozer justice', asserting that demolishing a property based solely on an alleged crime is a violation of the rule of law. This latest ruling, delivered on September 7, 2023, underscores the court's commitment to safeguarding individual rights and ensuring due process in the face of arbitrary state actions. The case involved Javed Ali Mehboobamiya Saeed, a resident of Kheda district in Gujarat, whose family home was threatened with demolition by municipal officers after a trespass case was registered against him.
Mr. Saeed's legal team argued that his family had been living in the house for two decades and that official records confirmed their ownership of the land. They also cited a September 2nd order by the Supreme Court that outlined guidelines for demolishing homes, emphasizing the need for due process and legal justification. The court, in its latest ruling, echoed these sentiments, emphasizing that the alleged involvement in a crime cannot be grounds for demolishing a property, especially when the accused has not been found guilty in a court of law. Such actions, the court warned, could be perceived as running a bulldozer over the laws of the land, a clear violation of the principles of justice and fairness.
This is not the first instance of the Supreme Court intervening to protect individuals from the consequences of 'bulldozer justice'. Earlier this month, on September 2nd, the court expressed concern over the practice of demolishing houses belonging to accused individuals, regardless of their guilt or the nature of the crime. The court recognized the potential for abuse and the need for clearly defined procedures to ensure that such actions are not arbitrary or punitive. This latest ruling, therefore, reinforces the court's commitment to ensuring that individuals' rights are protected and that state actions are subject to the rule of law.
The court's intervention in this matter highlights a concerning trend of 'bulldozer justice' in India, where state authorities have been accused of using demolition as a tool to punish individuals and send a message of deterrence. The practice, which has been most prominent in Uttar Pradesh, has been criticized by opposition parties and human rights groups for its potential to target vulnerable communities and exacerbate social inequalities. The Supreme Court's continued vigilance against this practice is crucial in safeguarding individual rights and ensuring that the rule of law prevails over arbitrary power.
Source: 'Like Bulldozing Laws Of Country': Supreme Court On 'Bulldozer Justice'