The Madhya Pradesh High Court has dismissed a PIL sought direction to restrain the state government from taking any action to demolish houses/structures of accused/suspects in criminal cases without authority of law as mentioned in the petition.
The court dismissed the PIL with observation “we are of the considered view that it may not be appropriate to entertain this petition as a public interest litigation”.
A division bench of Chief Justice Ravi Malimath and Justice PK Kaurav said “even if the case of the petitioner is to be accepted that certain houses of certain persons have been demolished, necessarily those persons have a legal right to defend themselves and their properties in a manner known to law”.
The court order said “we do not see any nexus with the petitioner and the persons whose properties have been demolished”.
Further the court order said “therefore, it is for those persons to appropriately move the Court for necessary order as they deem fit”.
The PIL was filed by advocate Amitabh Gupta and pleaded by him in person.
The State government through the principal secretary Home Department and the State Director General of Police were respondents in the petition.
The petition sought direction to the State government to bring records the cases wherein the State police has demolished houses or other structures belonging to the accused/suspect allegedly without authority of law.
The petition further sought direction to the government to not take any such action as complained in the body of the petition without authority of law, Gupta said.
