‘Officials to pay from salary’: Supreme Court issues guidelines on ‘bulldozer justice’

News Network
November 13, 2024

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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.

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News Network
December 16,2024

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The Israeli regime sustains its heavy attacks against various areas across Syria as Western-backed militants, who ousted the country’s government earlier this month, strengthen their foothold.

On Monday, the regime’s warplanes struck vital facilities and military infrastructure along the country’s western coastline, including the cities of Tartus and Latakia, where they pounded missile bases and ammunition depots.

Massive explosions rang out across the cities during the attacks.

Lebanon’s al-Mayadeen television network said Israeli occupation forces had also advanced as far as 15 kilometers (9 miles) in the western Syrian province of Quneitra.

'An earthquake'

Russia’s Sputnik news agency also reported Israeli assaults against military facilities in Hama and Homs, two other western provinces, adding that attacks against Hama and Aleppo, which is likewise situated in western Syria, shook the targeted areas like an “earthquake.”

Local sources, meanwhile, reported that the regime’s warplanes had also hit the Military Airport in the eastern province of Deir al-Zawr.

The agency cited sources as saying that Israeli warships had launched a number of missiles towards the Syrian coast, especially targeting the Tartus Province.

According to them, this was the first time that the Israeli military was deploying “such missiles” against Syria’s military sites.

The reports came a day after the regime attacked the positions that used to belong to the country’s Republican Guard and the Syrian military’s Fourth Armored Division in the Tal Mneen area and the town of Hafir, north of the capital Damascus.

Also on Sunday, Israeli forces occupied three new villages across the country, namely the Jamla village in the western Syrian province of Dara’a as well as the Mazraat Beit Jan and Mughr al-Mir رillages in Rif Dimashq Province.

Israeli aircraft also bombed an air defense site in the town of Muhajja in the eastern countryside of Dara’a’s capital and attacked the warehouses of the Syrian military’s 18th Armored Division in the eastern suburbs of Homs.

The regime has markedly intensified its deadly attacks against the country, especially targeting its military infrastructure, in the aftermath of its takeover by anti-Damascus militants, who are widely reported to have been receiving extensive military support and cooperation on the part of the Israeli regime and the West.

As part of its aggression, the regime has expanded its occupation of Syria’s Golan Heights, overrunning a buffer zone in the territory, and announced plans to ramp up the population of illegal settlers in the mountainous region.

Regional Arab states, including Saudi Arabia, Qatar, the United Arab Emirates, Egypt, and Iraq, have lashed out at Tel Aviv over the measures.

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News Network
December 17,2024

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US and British warplanes have carried out fresh airstrikes on the Yemeni capital Sana'a and other regions, intensifying attacks as Yemeni Armed Forces continue their anti-Israeli operations in support of the Palestinians in the Gaza Strip amid the regime’s genocide.

Yemen’s al-Masirah television network reported that US and British aircraft targeted the premises of the Yemeni Defense Ministry in the the Assafi'yah district of Sana’a early on Tuesday.

Local sources heard loud explosions echoing from the site of the strikes. 

The report, however, did not provide any details regarding potential casualties or damage.

For his part, the Yemeni information minister vehemently denounced the latest US and British airstrikes against Sana’a, stating that the act of aggression “falls within the framework of attempts to diminish the Yemeni nation’s will to support Palestinian people.”

Hashem Sharaf al-Din underscored that enemies are unable to undermine Yemen’s military capabilities, as its government and nation are standing firm in the face of their vicious and terrorist attacks.

This came hours after the spokesman for the Yemeni Armed Forces announced in a statement that the country’s missile units had carried out a military operation against an Israeli military target in Tel Aviv, using a hypersonic Palestine 2 ballistic missile

Brigadier General Yahya Saree noted that the missile strike was in support of the Palestinians in the Gaza Strip, and successfully achieved its desired objectives.

The Yemeni Armed Forces will continue their operations, and will strike all Israeli facilities within the occupied territories, Saree pointed out, adding that such strikes will not stop unless the ongoing aggression on Gaza ends and the siege is completely lifted.

Early on Monday, American and British warplanes conducted a joint airstrike on targets at the Midi district in Yemen’s northern province of Hajjah.

US and British military aircraft also targeted a number of locations in the At Tuhayta district of the strategic western province of Hudaydah. Details on potential human or material losses from the strikes were not quickly disclosed.

Yemenis have declared their open support for Palestine’s struggle against the Israeli occupation since the regime launched a devastating war on Gaza on October 7, 2023, after the territory’s resistance movements carried out Operation Al-Aqsa Flood against the occupying entity.

The Yemeni armed forces have said they will not stop their attacks as long as Israel continues its ground and aerial offensives in Gaza.

So far, Israel has killed at least 45,028 Palestinians, mostly women and children, and injured 106,962 others in Gaza.

In October, the US military unleashed B-2 stealth bombers to bomb Yemen in support of Israel. Since then, attacks against Yemen have continued in a bid to halt the retaliatory attacks by Sana'a. 

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News Network
December 12,2024

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New Delhi: The Union Cabinet on Thursday approved bills to implement 'One Nation, One Election', and the draft legislations are likely to be introduced in Parliament in the ongoing Winter session, sources said.

The decision was taken at a meeting of the Union Cabinet chaired by Prime Minister Narendra Modi.

The government is keen on holding wider consultations on bills which are likely to be referred to a parliamentary committee.

Sources said the government was also keen to consult the Speakers of various state legislative assemblies through the committee.

Moving ahead with its 'one nation, one election' plan, the government in September accepted the recommendations of the high-level committee for holding simultaneous polls for the Lok Sabha, state assemblies and local bodies in a phased manner.

Citing recommendations of the high-level committee, sources had said one of the proposed bills would seek to amend Article 82A by adding sub-clause (1) relating to the appointed date. It will also seek to insert sub-clause (2) to Article 82A relating to the end of terms of the Lok Sabha and state legislative assemblies together.

It also proposes to amend Article 83(2) and insert new sub-clauses (3) and (4) relating to the duration and dissolution of the Lok Sabha. It also has provisions related to the dissolution of the legislative assemblies and amending Article 327 to insert the term simultaneous elections.

This bill will not require ratification by at least 50 per cent of the states, the recommendation said.

However, any move to hold local body elections together with Lok Sabha and state assemblies will require ratification by at least 50 per cent of the state assemblies as it deals with matters relating to state affairs.

Another bill will be an ordinary one to amend provisions in three laws dealing with Union territories having legislative assemblies -- Puducherry, Delhi and Jammu and Kashmir -- to align the terms of these Houses with other legislative assemblies and the Lok Sabha as proposed in the first constitutional amendment bill.

The statutes it proposes to amend are the Government of National Capital Territory of Delhi Act-1991, the Government of Union Territories Act-1963 and the Jammu and Kashmir Reorganisation Act-2019.

The proposed bill will be an ordinary legislation not requiring a change in the Constitution and will also not need ratification by the states.

The high-level committee had proposed amendments to three Articles, insertion of 12 new sub-clauses in the existing articles and tweaking three laws related to Union Territories having legislative assemblies. The total number of amendments and new insertions stands at 18.

In its report submitted to the government in March, just before the general election was announced, the panel recommended implementing one nation, one election in two phases.

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