The Allahabad High Court delivered a split verdict on whether to impose a two-year freeze on punitive demolitions of properties owned by accused individuals.
Justice Atul Sreedharan advocated for a two-year moratorium after a FIR is filed, arguing that arbitrary demolitions violate the rule of law and infringe on constitutional rights.He emphasized that such actions must adhere to due process, highlighting the plight of marginalized individuals who lack financial means.
Conversely, Justice Siddharth Nandan opposed the freeze, stating that the government should act within legal frameworks and that aggrieved parties could approach the court directly.The court acknowledged that punitive demolitions, though illegal under Supreme Court rulings, continue in BJP-ruled states.
The decision underscores the tension between executive discretion and judicial oversight, with concerns about potential misuse of a freeze period for frivolous prosecutions.The case reflects broader debates on balancing law enforcement with individual rights in urban governance.
Original title: Allahabad HC delivers split verdict on two-year freeze on bulldozing homes of accused persons
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