In a striking ruling, the Supreme Court condemned the police’s attempt to seize possession of immovable property by securing the premises’ keys, labeling it a blatant breach of legal boundaries.
“This police action,” remarked a bench of Justices CT Ravikumar and Sandeep Mehta, “amounts to sheer lawlessness. The police have no legal standing to interfere with possession of property, especially without any legal sanction.” The court’s words underscored a resounding rejection of any extrajudicial property claims.
In this case, the accused were charged with trespassing and building a wall that barred the complainants from entering their own home. Although the High Court granted bail, it imposed a highly controversial condition: the accused would bear the cost of the wall’s demolition, and police were directed to hand over property keys to the complainant post-demolition. The state countered, pointing to an ongoing civil suit over property title that made the High Court’s order problematic, as it threatened the civil rights of the parties involved.
The Supreme Court, setting aside these conditions, declared the High Court’s directives as overreach, marking them “unrelated to bail” and cautioning that judicial discretion must support justice, not compromise civil rights. The ruling called for restraint, reinforcing that imposing such conditions risks depriving individuals of their rightful legal avenues.
