Dr Arathi Krishna assures sops for non-resident Kannadigas in Gulf

New Delhi: The Supreme Court took a firm stance on ‘bulldozer justice’ today, affirming that the Executive cannot bypass the Judiciary and that the legal process must not prejudge the guilt of an accused. In a significant judgment, the bench led by Justices BR Gavai and KV Viswanathan set new guidelines for demolition practices, responding to petitions challenging the controversial bulldozer actions taken against individuals accused of crimes.

The rise of this practice, termed 'bulldozer justice,' has seen authorities in various states demolish what they claim to be illegal structures belonging to accused individuals. However, multiple petitions questioned the legality and fairness of this approach, bringing the matter before the court.

Justice Gavai highlighted that owning a home is a cherished goal for many families, and an essential question was whether the Executive should have the authority to strip individuals of their shelter. “In a democracy, the rule of law protects citizens from arbitrary actions by the state. The criminal justice system must not assume guilt,” stated the bench, underscoring that due process is a fundamental right under the Constitution.

On the principle of separation of powers, the bench reinforced that the Judiciary alone holds adjudicatory powers and that the Executive cannot overstep these boundaries. Justice Gavai remarked, “When the state demolishes a home purely because its resident is accused of a crime, it violates the doctrine of separation of powers.”

The court issued a strong warning about accountability, stating that public officials who misuse their power or act arbitrarily must face consequences. Justice Gavai observed that selectively demolishing one property while ignoring similar cases suggests that the aim might be to penalize rather than enforce legality. “For most citizens, a house is the product of years of labor and dreams. Taking it away must be an action of last resort, thoroughly justified,” he said.

In its directives under Article 142 of the Constitution, the Supreme Court established new demolition guidelines. These include:

Mandatory Show-Cause Notice: No demolition should occur without first issuing a show-cause notice. The person served has a minimum of 15 days or the duration stated in local laws to respond.

Transparency of Notice Content: The notice must include specifics about the alleged unauthorized construction, the nature of the violation, and the rationale for demolition.

Hearing and Final Order: Authorities are required to hear the response of the affected individual before issuing a final order. The homeowner will have 15 days to address the issue, with demolition proceeding only if no stay order is obtained from an appellate authority.

Contempt Proceedings: Any breach of these guidelines would lead to contempt proceedings. Officials who disregard these norms will be personally accountable for restitution, with costs deducted from their salaries.

Additionally, the court mandated that all municipal bodies establish digital portals within three months, displaying show-cause notices and final orders on unauthorized structures to ensure public transparency and accountability.

Mangaluru: The Ullal police have arrested Manohar, the owner of Vazco Beach Resort, and its manager Bharath in connection with the drowning of three college girls from Mysuru at the resort’s swimming pool on November 17.

City Commissioner of Police Anupam Agrawal confirmed the arrests, stating that a case has been registered under Section 106 of BNS. The bodies of the victims, all in their twenties, have been handed over to their parents. The women had arrived at the resort for a weekend getaway on November 16.

Following the tragic incident, the resort was sealed by officials led by Mangaluru Assistant Commissioner Harshavardhan. The trade license of the resort, issued on June 13, 2024, has been suspended, and the tourism department has temporarily revoked the resort's registration. These actions prohibit the resort from engaging in any tourism-related activities until further notice.

Someshwara TMC Chief Officer stated that the suspension was due to the resort's failure to implement adequate safety measures, which resulted in the loss of three lives. Further investigations are underway.

Dubai: A 15-year-old Indian expat boy drowned after he was caught by huge waves in the sea off Mamzar Beach in Dubai. 

Ahmed Abdulla Mafaz, a 15-year-old school student in Dubai, died while his sister Fathima, a university student, was rescued, according to their father Mohammed Ashraf. The family hails from Kerala’s Kasaragod.

The grieving father said the incident happened when the Indian expat family went for an outing at the beach park.

Recounting what happened, he said: “We were all sitting on the beach and playing around in the water. I had just gone to the washroom when it [the tragedy] happened.”

He said both Mafaz and Fathima knew how to swim and it was not clear how they were swept away.

“I think there were huge waves and they got pulled by the strong current.”

Fathima’s screams for help were heard by another beachgoer who rushed to rescue her. “He is an Arab national. He rescued our daughter. We have no words to thank him,” the father said.

However, there was no sign of Mafaz, a grade 10 student of New Indian Model School in Dubai.

Meanwhile, the police were called in. Dubai Police said they received a call about two persons drowning.

“As soon as we received the report, the rescue team from the Ports Police Station in Dubai conducted a search,” a spokesperson said. 

However, there was no luck on Friday night. The search operation was intensified with divers and drones on Saturday, following which the boy’s body was fished out on Saturday evening.

The family has decided to lay him to rest in Dubai once the legal procedures are over, said Ibrahim Berike, a member of the volunteering team from Kerala Muslim Cultural Centre (KMCC) that is providing supportfor the paper work.

He said the family is shattered after the devastating tragedy. “They have four children. Fathima, who is doing MBA, is the eldest daughter. Mafaz was the third child. His other two siblings are also boys. Their mother, who was also there on the beach, is inconsolable,” he added.