Involvement in criminal case no ground for demolition of property: Supreme Court
New Delhi, Sep 12: Alleged involvement in a crime is no ground to demolish properties, the Supreme Court said on Thursday and ordered a civic body in Gujarat to maintain status quo and not threaten to bulldoze the house of an accused in a criminal case.
Observing that such demolition threats are inconceivable in a country where the law is supreme, the court said it cannot be oblivious to such actions that may be seen as "running a bulldozer over the laws of the land".
A bench of Justices Hrishikesh Roy, Sudhanshu Dhulia and S V N Bhatti said, "In a country where actions of the State are governed by the rule of law, the transgression by a family member cannot invite action against other members of the family or their legally-constructed residence. Alleged involvement in crime is no ground for the demolition of a property."
"Moreover, the alleged crime has to be proved through due legal process in a court of law. The court cannot be oblivious to such demolition threats inconceivable in a nation where law is supreme. Otherwise, such actions may be seen as running a bulldozer over the laws of the land," it added.
The bench issued a notice to the Gujarat government and the civic body of Kathlal in Kheda district of the state on a plea of one Javedali M Saiyed seeking protection from the proposed demolition.
The court sought the response of the state and the civic body within four weeks.
"In the meantime, status quo in respect of the petitioner's property is to be maintained by all concerned," it ordered.
The petitioner's counsel said three generations of his client's family have been residing in the house for the last two decades.
He said an FIR was registered against one of the family members on September 1 and claimed that the municipal authorities have threatened to bulldoze the petitioner's family house.
The bench noted that the petitioner has referred to a complaint alleging house trespass addressed to the police authorities on September 6, in which the situation was described and it was said that law should take its own course against the person accused of crime.
The order of the bench further took note of the petitioner's contention that the civic body has no reason to either threaten or take any steps, such as using bulldozers, to demolish his legally-constructed and legally-occupied house.
The top court agreed to examine the case and listed it after a month.
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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.
