While governments resorting to 'bulldozer justice' has raised eyebrows, six villagers have been arrested here for allegedly demolishing the houses of a man and his relatives using a bulldozer as he was suspected of eloping with a married woman.
The accused, including members of the family of the woman, decided to vent out their anger using the bulldozer after suspecting that the man, who belongs to another community, had run away with her, Vedach police station inspector BM Chaudhary said.
The incident took place at Kareli village in Gujarat's Bharuch district on March 21.
On the night of March 21, the accused used a bulldozer to damage six houses belonging to the Fulmali community members, including that of the man, the official said.
The police subsequently registered an FIR against six persons, including the bulldozer driver. All the accused have been arrested, Chaudhary said.
The woman was visiting her parents in Anklav taluka of Anand district from where she and the man allegedly eloped, Chaudhary said.
Her parents have filed a complaint and the matter was being investigated by the Anand police, he said.
As per the complaint, the accused, including Hemant Padhiyar, Sunil Padhiyar, Balwant Padhiyar, Soham Padhiyar, and Chirag Padhiyar, went to the man's house and asked his family members to produce him within two days, after accusing him of eloping with the woman.
Around 9 pm on March 21, the accused took a bulldozer to the man's house and started razing its portions, including a shed and toilet blocks. They demolished parts of six houses in the area, as per the FIR.
The next day, the man's mother lodged a complaint at the Vedach police station, after which the six people were booked, Chaudhary said.
Supreme Court on 'bulldozer justice' carried out by authorities
Last November, while hearing petitions seeking to put brakes on the "bulldozer" action against the accused person as a corrective measure, the apex court said the executive can't declare a person guilty.
The observations were made by a bench of justices BR Gavai and KV Vishwanathan. "The executive can't declare a person guilty. If based only on allegation, it demolishes his house, it would strike at basic principle of Rule of Law. Executive can't become a judge and decide to demolish an accused's property," said Gavai as quoted by Live Law.
In a separate but related ruling, the Supreme Court also stated that justice through bulldozers was unknown to any civilised system of jurisprudence, a bench headed by Chief Justice DY Chandrachud said the State must follow due process of law before taking action to remove illegal encroachments or unlawfully constructed structures.
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