NEW DELHI: In a strong observation against the bulldozer justice system, the Supreme Court on Thursday criticised the law enforcement agencies of Gujarat state while hearing a writ petition filed by one Javedali Mahebubmiya Saiyed.
"In a country where actions of the State are governed by rule of law, the transgression by a family member cannot lead to demolition of their legally constructed house or it would be equivalent to running a bulldozer over the laws," the bench said in its order.
The top court also said that the alleged involvement in the crime is no ground for demolition of a property. It also noted the alleged crime has to be proved through due legal process in a court of law.
The apex court also went on to say that the threats of demolition of the house of an accused in a country governed by the Rule of Law are inconceivable.
A three-judge bench of the apex court, led by Justice Hrishikesh Roy and Justices Sudhanshu Dhulia and S V N Bhatti, passed certain scathing observations against the Gujarat govt, while hearing a writ petition filed by one Javedali Mahebubmiya Saiyed against the state.
"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 further directed the parties and law enforcement agencies to maintain a status quo with respect to the Saiyed's property.
While issuing notice to the Gujarat government, and seeking its reply, the apex court fixed the matter for further hearing after four weeks.
The petitioner said that threats were issued for demolition of his house as an FIR was registered against one family member in September 2024.
The petitioner's counsel referred to the revenue records of Village Kathlal in Kheda District to point out that he is recorded as a co-owner of a said land.
He also relied upon the resolution passed on August 21, 2004 of the Kathlal Gram Panchayat which granted permission to build residential house over the said land. He said three generations of the petitioner’s family are residing in the said houses for last about two decades.
The counsel also said that when the FIR was lodged against one family member, the municipal authorities have threatened to bulldoze the petitioner’s family home.