‘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 10,2024

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Bengaluru: Karnataka has declared a holiday for state government offices, schools and colleges on Wednesday, December 11, in the wake of a state funeral for former chief minister S M Krishna, who passed away in Bengaluru on Tuesday.

The last rites of Krishna, 92, will be held at his native village of Somanahalli in Mandya's Maddur taluk.

A government order stated that the holiday would apply to private aided educational institutions too.

Besides, the government has declared three days of mourning (December 10-12), during which no public entertainment programmes would take place, while the national flag would fly at half-mast.

S M Krishna passed away at his residence on December 10, 2024. The 92-year-old veteran politician was ailing for quite some time, a family source said.

A charismatic leader with a modern outlook, he not only laid a strong foundation for the growth of IT and BT industries in Karnataka but also managed to get them onboard with the government to build “Brand Bengaluru” at the international level.

He held several prominent positions throughout his career as External Affairs Minister, Maharashtra Governor, Chief Minister of Karnataka, Speaker of Karnataka Legislative Assembly and Minister in the Karnataka government.

Although known for his tech savviness, flamboyancy, style and the Western outlook, the Congressman-turned-BJP senior leader was a hardcore Bengalorean who loved the city’s trees and flowers. SMK also had a love for tennis. Even when he was Chief Minister, he would visit the tennis court to play the game two to three times a week. 

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News Network
December 7,2024

In a stark reminder of the growing menace of cyber fraud, a man was duped of ₹46 lakh after falling prey to a fake stock market trading scam orchestrated via WhatsApp. The incident highlights the need for heightened awareness about online financial schemes and the importance of verifying investment opportunities.

How the Scam Unfolded
The victim reported receiving a WhatsApp message from a person posing as "Shraddha Belani," a supposed representative of ARES Management Corporation. The fraudster lured the victim with promises of a 500% profit through stock market trading. Trusting the offer, the victim followed an online registration link and was added to a WhatsApp group named ‘H 777 ARES Stock Exchange Group.’

The scam began small, with the victim transferring ₹2 lakh on October 24 to purchase stocks. He received a ₹50,000 profit the very next day, creating a false sense of trust. Encouraged by this, the victim made phased investments totaling ₹46 lakh.

The Trap Tightens
The fraud came to light on November 29 when the victim attempted to withdraw ₹20 lakh to meet financial needs. Unable to access his funds, he contacted the scamsters, who demanded an additional ₹8.78 lakh to "unlock" his account. At this point, the victim realized he had been duped and promptly filed a complaint via the Cyber Crime Portal.

Police Action and Awareness Message
A case has been registered at the Mangaluru Cyber Economic & Narcotics Crime (CEN) station, and an investigation is underway. Authorities are urging the public to exercise caution while engaging in online financial transactions and to verify the authenticity of investment opportunities before parting with their money.

Avoid Falling Victim

  1. Verify Sources: Never trust unsolicited messages, emails, or calls about investments.
  2. Beware of Unrealistic Promises: Offers of guaranteed high returns are often fraudulent.
  3. Consult Experts: Always seek advice from trusted financial advisors or institutions.
  4. Report Suspicious Activity: Use the Cyber Crime Portal to report scams promptly.

The incident serves as a stark warning against the perils of online fraud. Staying vigilant and skeptical can save you from falling into similar traps.

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News Network
November 29,2024

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Mangaluru: Nearly half of Dakshina Kannada's coastline is facing significant erosion, according to a recent response in the Lok Sabha to a question raised by MP Captain Brijesh Chowta. The data, provided by the Ministry of Environment, Forest and Climate Change (MoEFCC), reveals that between 1990 and 2018, 48.4% of Dakshina Kannada's total coastline of 36.6 km has been eroded.

The written reply, issued by Kirti Vardhan Singh, Minister of State in the MoEFCC, addressed Captain Chowta's query on the impact of sea-level rise and coastal erosion, particularly in Karnataka. The MP had inquired about studies assessing the rise in sea levels and their effect on the coastal regions, as well as the government's plans to mitigate the threats posed by erosion.

While the erosion rate in Dakshina Kannada is notably high, the response highlighted that Karnataka's overall coastal situation is less alarming. Approximately 50% of the state’s coastline remains stable, with 26% undergoing accretion (growth) and 24% experiencing erosion. This data, compiled by the National Centre for Coastal Research (NCCR), is based on a study conducted from 1990 to 2018, using satellite images and field surveys.

The NCCR's findings indicate that 33.6% of the Indian coastline is affected by erosion, with 26.9% in a state of accretion, and 39.6% remaining stable. In Dakshina Kannada, erosion has impacted 17.7 km of its 36.6 km coastline. Uttara Kannada and Udupi districts are similarly affected, with erosion covering 21.6 km and 34.9 km of their respective coastlines.

In response to these concerns, the central government is actively implementing measures to combat coastal erosion and protect vulnerable communities. The Karnataka government has developed a Shoreline Management Plan in compliance with the CRZ notification of 2019. Additionally, under the Karnataka Strengthening Coastal Resilience and Economy (K-SHORE) project, supported by the World Bank, the state is working to enhance coastal protection, improve coastal infrastructure resilience, boost the livelihoods of coastal communities, and address marine plastic pollution.

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