Property rased for 'anti-India slogans': SC seeks Maharashtra body's reply on contempt plea
New Delhi (PTI): The Supreme Court on Monday directed a Maharashtra authority to respond to a man's plea for initiating contempt action against it after he and his family members were booked by police and his properties were demolished for allegedly raising anti-India slogans during a cricket match.
A bench of Justices B R Gavai and Augustine George Masih issued the notice and posted the hearing after four weeks.
The petitioner, who hails from Sindhudurg district in the state, has claimed his house and shop were demolished on February 24 following an FIR against him, his wife and his 14-year-old son for allegedly raising anti-India slogans during the India-Pakistan Champions Trophy match, which India won the previous day.
The plea, filed by Kitabulla Hamidulla Khan, sought directions for initiating contempt proceedings against the chief officer and administrator of the Malvan Municipal Council arguing the action was in violation of the apex court's November 13, 2024 verdict on demolition of properties.
The top court judgment laid down pan-India guidelines and barred demolition of properties without a prior showcause notice and 15 days' time to the aggrieved party to respond.
The plea, filed through advocate Fauzia Shakil, said the case illustrated an "egregious contempt" aside from how the state machinery violated the guidelines with impunity.
The FIR alleged at around 9.15 pm when the complainant was going to his friend's house, the petitioner's son raised an anti-India slogan while watching the cricket match, the plea said.
The petitioner and his minor son were taken to the police station at midnight and the boy was allowed to go after four-five hours, it added.
While the petitioner and his wife were sent to jail, the plea said the authorities on February 24, demolished his tin shed scrap shop and house calling them illegal structures.
"The action of the civic authorities is arbitrary, illegal, and malafide. It is relevant to note that in the process of demolition, the municipal officers also damaged a vehicle of the petitioner," it added.
Though the man and his wife were granted bail on February 25 by a judicial magistrate, the plea said the chain of events clearly depicted the demolition action was punitive.
"The time gap between the petitioner and his family members being arraigned as an accused and demolition of the scrap shop and home makes it apparent that the punishment of demolition inflicted by the respondent contemnor and other officials was inflicted on account of them being arraigned as an accused in a frivolous case filed by the complainant," it claimed.
The right to housing or shelter is a fundamental right as held by the apex court in several judgments and forms an integral part of the rights guaranteed under Article 21 of the Constitution, the plea added.
"The state and its officials cannot take arbitrary and excessive measures against the accused or the convict without following the due process as sanctioned by law," the plea said.
Saying the bulldozer demolishing a building was a "chilling sight" especially when the authorities failed to follow the basic principles of natural justice and acted without adhering to the principle of due process, the plea called it a "lawless state of affairs".
The petitioner, therefore, sought a direction to the authority and its officials concerned to restore the petitioner's property and pay "exemplary compensation" to him.
The plea also sought prosecution of those responsible for the demolition and violating the directions of the apex court.
While passing the verdict on demolition of properties, the apex court on November 2024 clarified the directions won't apply to unauthorised structures in a public spaces such as roads, streets, footpaths, abutting railway lines or a river or water bodies apart from cases where there was a court order for demolition.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
