All posts tagged: Bulldozer

Bulldozer And Baba: Action To Continue – India TV

Bulldozer And Baba: Action To Continue – India TV

Published by Webster

Image Source : INDIA TV Aaj Ki Baat with Rajat Sharma The Supreme Court, in its landmark judgement on “instant bulldozder justice”, has framed strict pan-India guidelines for demolition of properties. The guidelines say, no demolition of any alleged structure will be carried out without 15-day prior notice to the owner, both by registered post and pasting it on the outer walls of the property. The time period will tick from the date of receipt of notice by the owner. Notice shall delineate nature of unauthorised construction, specify violations, grounds of demolition and fix a date for personal hearing for the owner before a designated authority. The final order for demolition will not be implemented for 15 days to allow the aggrieved person to approach the courts. Demolition must be videographed and the authorities will have to send a  report to the civic authorities. Violations of guidelines will lead to initiation of contempt proceedings in addition to prosecution. Officers concerned will be asked to restore the demolished structure to its original state at their personal cost …

What Went Into Landmark ‘Bulldozer Justice’ Verdict

What Went Into Landmark ‘Bulldozer Justice’ Verdict

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The Supreme Court delivered a firm verdict against ‘bulldozer justice’ New Delhi: In a landmark judgment yesterday, the Supreme Court demolished the idea of ‘bulldozer justice’ that several state governments had unleashed against accused in heinous criminal cases. The bench of Justice BR Gavai and Justice KV Viswanathan took a tough stand against such actions, holding that the Executive cannot cannot replace the Judiciary and the legal process should not prejudge the guilt of an accused. But laws, precedents and doctrines aside, it was idea of ‘home’ that was at the heart of this judgment. The 95-page order started with four lines of a Hindi poem by Kavi Pradeep, who penned the timeless “Aye Mere Watan Ke Logon” as a tribute to soldiers killed in the 1962 Sino-Indian War. The four lines in the court’s order were: “Apna ghar ho, apna aangan ho, is khwab mein har koi jita hai, insaan ke dil ki yeh chahat hai, ki ek ghar ka sapna kabhi na chute”. The lines roughly translate to: “It is everyone’s dream to have …

Bulldozer justice: To those whose homes were razed, Supreme Court order brings hope, but little else | India News

Bulldozer justice: To those whose homes were razed, Supreme Court order brings hope, but little else | India News

Published by Parlour News

In Prayagraj, activist Javed Mohammad and his family are struggling to move on. On June 10, 2022, Mohammad (58) was arrested for allegedly “masterminding” the violence that erupted in the city during a protest against remarks made by then BJP leader Nupur Sharma on the Prophet. Two days later, bulldozers rolled into his locality in Prayagraj’s Kareli. “In a prison barrack, I saw on TV the house that I built over decades being demolished. You can imagine what I would have gone through. It took me decades to build the house, but it took a few minutes to demolish it,” he said. After being accused in eight cases related to the violence, Javed — also a businessman — was released on bail on March 16 this year. While he was still in jail, his family struggled to find another home, with even relatives showing reluctance to give them shelter. “When my daughter went to the house of a close relative the day our house was demolished, the relatives expressed fear that if she stayed there, …

Bulldozer justice: Supreme Court says ‘not a happy sight to see women, kids dragged to streets’ | Key guidelines | Latest News India

Bulldozer justice: Supreme Court says ‘not a happy sight to see women, kids dragged to streets’ | Key guidelines | Latest News India

Published by Parlour News

Nov 13, 2024 01:11 PM IST The Supreme Court issued a list of guidelines for authorities while issuing a strong message against the trend of “bulldozer justice.” The Supreme Court on Wednesday came down heavy on the trend of “bulldozer justice”, saying the authorities cannot demolish the house of a person simply on the grounds of them being accused of a crime. The apex court further observed that the public officials who demolish the properties in such a manner should be held accountable. The Supreme Court of India. (HT File Photo) “The executive cannot pronounce a person guilty. Only on the basis of accusation, if the executive demolishes the property of the person, it will strike at the principle of rule of law. The executive cannot become a judge and demolish the properties of the persons accused,” a bench of Justices BR Gavai and KV Viswanathanbench. The court said the rule of law provides a framework that ensures individuals know their property will not be taken arbitrarily. It said even in cases where people do …

What SC said hearing bulldozer action – India TV

What SC said hearing bulldozer action – India TV

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Image Source : PTI ‘Not a happy sight to see women, children on streets overnight’: What SC said hearing bulldozer action Coming down hard on instant ‘bulldozer justice’, the Supreme Court on Wednesday laid down pan-India guidelines on demolition of properties and said the Executive cannot become a judge, declare an accused as guilty and demolish his house. A bench of Justices B R Gavai and K V Viswanathan said it will be “totally unconstitutional” if houses of people are demolished merely because they are accused or even convicts. What the SC said SC says Executive can’t become judge, declare the accused as guilty and demolish his house. Bulldozer justice unconstitutional, officials should be penalised If houses of people are demolished merely because they are accused or convicts, it will be totally unconstitutional, Demolition of properties: Accused and convicts have certain rights, safeguards in light of Constitution and criminal law. Pan-India guidelines for demolition of properties. Demolition of properties: SC says not a happy sight to see women, children …

Court’s Top Quotes On ‘Bulldozer Justice’

Court’s Top Quotes On ‘Bulldozer Justice’

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New Delhi: Hearing a petition against ‘bulldozer justice’ today, the Supreme Court today said that the Executive cannot replace the Judiciary and the law should not prejudge an accused’s guilt. A bench of Justices BR Gavai and K V Viswanathan said it will be “totally unconstitutional” if houses of people are demolished merely because they are accused or even convicts. Pronouncing the verdict, Justice Gavai said it is not a happy sight to see women and children on streets overnight. Here are the top quotes from the Supreme Court: Public officials who take the law in their own hands and act in such a high-handed manner must be fastened with accountability. The State and its officials cannot take arbitrary and excessive measures. When the right of the accused or convict is violated by the State on account of arbitrariness, there has to be restitution. Excesses at the hands of the Executive will have to be dealt with the heavy hand of the law. Our constitutional ethos do not permit any such abuse of power; cannot …

SC pronounces verdict on bulldozer action – India TV

SC pronounces verdict on bulldozer action – India TV

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Image Source : FILE PHOTO Supreme Court of India Bulldozer action: The Supreme Court is pronouncing its verdict today on pleas seeking the framing of guidelines on the demolition of properties in the country. The Supreme Court is pronouncing its verdict today on pleas seeking the framing of guidelines on the demolition of properties in the country. A bench headed by Justices B R Gavai and KV Vishwanathan is giving the verdict. Justice Gavai said, “Having a home is a longing that never fades…it is a dream of every family to have a house…an important question whether the executive should be permitted to take away shelter as a major infliction of penalty…” The apex court said that the rule of law is the foundation of democratic govt and the issue regards fairness in the criminal justice system, which mandates that legal process should not prejudge the guilt of the accused.  The Supreme Court said that we are issuing the order after hearing all the parties. While issuing the decision, many decisions of the Supreme Court have also …

Supreme Court On Bulldozer Justice

Supreme Court On Bulldozer Justice

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New Delhi: The Executive cannot replace the Judiciary and legal process should not prejudge guilt of an accused, the Supreme Court said today, taking a tough stand on the issue of ‘bulldozer justice’ and laying down guidelines for carrying out demolition. The bench of Justice BR Gavai and Justice KV Viswanathan delivered its judgment on petitions challenging bulldozer action against people accused of crimes. This trend, which caught on in several states, is referred to as ‘bulldozer justice’. State authorities have, in the past, said only illegal structures were demolished in such cases. But several petitions were filed before the court, flagging the extrajudicial nature of the action. Justice Gavai said it is the dream of every family to have a house and an important question before the court was whether the Executive should be allowed to take away someone’s shelter. “The rule of law is the foundation of a democratic government… the issue relates to fairness in the criminal justice system, which mandates that legal process should not prejudge guilt of accused,” the bench …

Big Supreme Court Verdict On ‘Bulldozer Justice’ Today, Pan-India Guidelines Expected

Big Supreme Court Verdict On ‘Bulldozer Justice’ Today, Pan-India Guidelines Expected

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The verdict had been reserved on October 1. After making strong observations on the practice of demolishing houses of criminals to send out a strong message against crime, which has come to be known as ‘bulldozer justice’, the Supreme Court is expected to issue a set of pan-India guidelines for such demolitions on Wednesday.  Hearing several petitions, including one filed by Jamiat Ulama-i-Hind, arguing that properties of people were being bulldozed in several states, including Uttar Pradesh, Madhya Pradesh, Delhi and Gujarat, without following due process, a bench of Justices BR Gavai and KV Vishwanathan had asked on September 2 how a house could be demolished just because it belongs to an accused or even a convict in a criminal case.  Noting affidavits filed by states, the bench had said, “We propose to lay down some guidelines on a pan-India basis so that the concern raised is taken care of.” In another hearing the same month, the bench had halted the unauthorised demolition of private property anywhere in India till October 1 and warned against …

SC issues guidelines against ‘bulldozer justice’ demolition | Latest News India

SC issues guidelines against ‘bulldozer justice’ demolition | Latest News India

Published by Parlour News

The Supreme Court on Wednesday laid down the first-ever guidelines against arbitrary demolitions by state authorities, ruling that citizens’ voices cannot be “throttled by a threat of destroying their properties” and that such “bulldozer justice” has no place in a society governed by rule of law. The court mandated six essential steps before any property can be razed, even for development projects. (HT Archive) “Justice through bulldozers is unknown to any civilized system of jurisprudence. There is a grave danger that if high-handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens’ properties will take place as a selective reprisal for extraneous reasons,” said a bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud in a detailed order uploaded on Saturday, the eve of justice Chandrachud’s retirement. Setting mandatory safeguards for all states and Union territories, the court ruled that any demolition must be preceded by proper surveys, written notices, and consideration of objections. Officials violating these guidelines will face both disciplinary action and criminal charges, …