Nirbhaya case: SC throws out curative pleas of 2 death row convicts

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, Nov 3: Mangaluru police have apprehended two individuals connected to a major online purchasing scam, seizing assets worth ₹11.45 lakh. The suspects, Raj Kumar Meena (23) and Subhash Gurjar (27), hail from Rajasthan and are accused of fraudulently acquiring high-value electronics through deceptive orders.

Background of the Case

According to City Police Commissioner Anupam Agrawal, the case began with a fraudulent order placed through an international e-commerce company. Using a false identity under the name "Amrith," the suspects ordered two high-end Sony cameras along with ten other items, directing the delivery to an address near the KSRTC bus stand in Mangaluru on September 21 at 4 p.m.

The Scam Unfolds

During delivery, Raj Kumar Meena received the items by providing a delivery OTP, while Subhash Gurjar reportedly distracted the delivery personnel. The suspects then executed a sticker-swapping tactic, replacing original Sony camera box labels with stickers from other items in the order to mislead the delivery team. Meena also intentionally provided an incorrect OTP, causing further confusion. The duo told the delivery agent they would collect the cameras the next day, then sent him away before cancelling the camera order.

Detection and Arrest

The unusual activity raised suspicions, and upon inspection, Amazon’s delivery partner, Mahindra Logistics, discovered the sticker swap and alerted Amazon. Subsequent investigations revealed that the suspects had taken the genuine cameras and left behind tampered boxes.

Upon deeper investigation, CCTV footage and other tracking methods led the police to identify and pursue the suspects as they attempted to flee the city. Meena was initially detained by the Salem police on October 4 for a similar scam and subsequently transferred to Urwa police custody in Mangaluru. Following his 13-day custody beginning on October 18, which included a thorough probe in both Mangaluru and Jaipur, Subhash Gurjar was apprehended on October 21.

Broader Criminal Network

The arrested individuals are allegedly part of a larger network, with involvement in at least 12 other high-profile cases. Their targets included high-end cameras, iPhones, and laptops, each costing over ₹10 lakh, with cases registered across states like Assam, Odisha, Maharashtra, Rajasthan, Telangana, Uttar Pradesh, Tamil Nadu, and Kerala.

The seized assets, valued at ₹11.45 lakh, have been presented to the court as evidence, and investigations continue as authorities seek to dismantle this organized fraud operation.

The Taliban regime has appointed Ikramuddin Kamil as the acting consul in the Afghan mission in Mumbai, Afghan media has reported.

It is the first such appointment made by the Taliban set up to any Afghan mission in India.

There was no immediate comment from the Indian side on the appointment that came.

The Ministry of Foreign Affairs of Afghanistan has announced the appointment of Kamil as the acting consul in Mumbai, the Taliban-controlled Bakhtar News Agency reported on Monday, citing unnamed sources.

"He is currently in Mumbai, where he is fulfilling his duties as a diplomat representing the Islamic Emirate," it said.

The appointment is part of Kabul's efforts to strengthen diplomatic ties with India and enhance its presence abroad, the media outlet said

Kamil holds a PhD degree in international law and previously served as the deputy director in the department of security cooperation and border affairs in the foreign ministry, it said.

He is expected to facilitate consular services and represent the interests of Afghanistan in India, the report added.

Kamil's appointment comes days after the external affairs ministry's point-person for Afghanistan held talks with the Taliban's acting defence minister, Mullah Mohammad Yaqoob, in Kabul.

Sher Mohammad Abbas Stanikzai, the Taliban's deputy foreign minister for political affairs, also posted on X about Kamil's appointment.

The appointment of Kamil is seen as part of efforts to facilitate consular services to the Afghan population in Mumbai.

There has been almost negligible presence of diplomatic staff at the Afghan missions in India.

Most of the diplomats appointed by the Ashraf Ghani government have already left India.

In May, Zakia Wardak, the seniormost Afghan diplomat in India, resigned from her position after reports emerged that she was caught at the Mumbai airport for allegedly trying to smuggle 25 kg of gold worth Rs 18.6 crore from Dubai.

Wardak had taken charge as the acting ambassador of Afghanistan to New Delhi late last year, after working as the Afghan consul general in Mumbai for more than two years.

She took charge of the Afghan embassy in New Delhi last November, after the mission helmed by then ambassador Farid Mamundzay announced its closure.

Mamundzay, who was an appointee of the Ghani government, had moved to the United Kingdom.