Thursday , November 14 2024

‘Punishment for crime of breaking into house’ is equivalent to rule without law

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New Delhi: In some states of the country including Uttar Pradesh, the trend of demolishing the houses of criminals or accused has increased, which is called bulldozer justice. The Supreme Court has put a permanent brake on this bulldozer justice, declaring it unconstitutional and arbitrary. Additionally, specific guidelines have also been announced. The Supreme Court said that the house of an accused cannot be demolished just because there is an accused there, this right has not been given to the officers, if any officer is caught doing so then action should be taken against him. Women, children, old people cannot be thrown on the road overnight, it is very sad to do so.

While giving an important decision, the Supreme Court has given a strong message to the administration across the country regarding the malpractices in bulldozer justice. Supreme Court Justice B. R. Gavi, Justice K. V Vishwanathan’s bench said in its decision that government officials do not have the right to declare anyone a criminal, not only this, they also have the right to demolish his house on the pretext of being a criminal or an accused. Doing so would be a violation of the principles of transfer of power. If someone’s illegal house or other building has to be demolished, then following the law, send a show cause notice 15 days in advance. Even after this notice, you cannot vacate the house immediately, the person to whom the notice has been given will have to give the notice. Time to challenge. He should be given time to vacate the house by taking his belongings to another place. Even if a person has committed a crime, he cannot be punished by demolishing his house. This type of punishment is tantamount to anarchy.

Ladies, it is sad to throw children out of the house overnight. There is no place for bulldozer justice in our Constitution, if officials arbitrarily demolish someone’s house the court will not hear it. Such action would be like a state without law and order. If any officer is caught doing this then legal action should be taken against him. If the accused has committed a crime then what is the fault of his family? Demolishing the house of the accused merely in view of his crime is tantamount to punishing his family also. Throwing children, women and old people out of their homes overnight is not good but sad. Giving people some time before vandalizing their homes will not break the aura. A house is not just an asset but a symbol of a family’s collective hope for security. However, the Supreme Court also clarified that our order will not apply to illegal construction around roads, streets, footpaths, railway lines or rivers.

Supreme decision is a slap on the face of BJP

Yogi-BJP’s bulldozer will now lie in the garage: Opposition

– Rule of law is the first condition of good governance, welcome the Supreme decision, condition of Delhi too: Yogi government

Lucknow: The Supreme Court has permanently banned bulldozer justice i.e. demolition of property in lieu of crime in the entire country. After this, the opposition attacked the rulers including UP CM Yogi Adityanath regarding the bulldozer action. Congress said that the Supreme Court order is like a slap on the face of BJP and its leaders.

Congress leader Supriya Srinet said that the Supreme Court has shown the mirror to the BJP government that justice should not be bulldozed, there is a constitution, there is rule of law and this is what will happen in this country. SP chief Akhilesh Yadav said that the Supreme Court has made strict comments on the bulldozer which has become the symbol of the BJP government. What can you expect from people who know how to break into houses? After the decision of the Supreme Court, now their bulldozer will run in the garage, now no one’s house will be demolished.

Azad Samaj Party President and MP Chandrashekhar Azad said that the Supreme Court’s decision is a slap on the face of the BJP government of UP, its house cannot be demolished without a court order or without proving anyone guilty, the Supreme Court’s decision is welcomed. is capable. AAP leader Saurabh Bhardwaj said that the country is run by the Constitution, this hooliganism in the name of bulldozer action is illegal. Wherever such bulldozing action is going on, the government and the High Court should pay attention to it and take action.

The opposition alleges that this practice of bulldozer justice has been started by the government of Chief Minister Yogi Adityanath from Uttar Pradesh. In such a situation, after the decision of the Supreme Court, the Uttar Pradesh government responded by saying that the rule of law is the first condition of good governance. Although the Uttar Pradesh government was not a party in the entire matter, this order has been passed in the context of Delhi. The matter was between Jamiat Ulema-e-Hindu and North Delhi Municipal Corporation.

Demolition guidelines announced by Supreme Court for the entire country

, No property of the citizens will be removed unless a show cause notice is given within the time prescribed under the Municipal Act or 15 days in advance.

, If the notice is pasted outside the house or building and sent by post to the owner, the notice period of 15 days will be deemed to have started after receipt of the notice.

, The notice must specify why the bulldozer is being driven, and the person to whom the notice is served must be given time to respond to or challenge the notice.

-If If any house or other building is demolished without following the rules, contempt action will be taken against the officer doing so and he will not be released.

-illegal While demolishing buildings, a detailed report should be prepared along with video recording of the demolition in the presence of police and officials, which should be published on the portal.

-Collector And the District Magistrate should also be informed that the notice has been sent.

, If all orders are not followed and a house or building is demolished illegally, compensation should be recovered from the responsible officer.