Allahabad High Court Raps UP Cops For Razing Residential House Sans Registration Of Execution Case, Seeks SP's Presence

The Allahabad High Court recently rapped Uttar Pradesh Police officials for providing assistance in demolishing a residential house without any execution case having been registered for the execution of the decree.

Following this, the Bench of Justice Salil Kumar Rai sought the personal presence of the Superintendent of Police and the erring officials in the court on July 22, 2022, along with their personal affidavits explaining their conduct.

The case in brief 

Essentially, the plaintiffs-respondents instituted an eviction against the appellants/defendants from the suit property which was a residential house as well as for arrears of rent and damages. The suit was dismissed by the Civil Judge (Junior Division), i.e., the trial court in October 2011.

Against the judgment and decree of the trial court, the plaintiff instituted a Civil Appeal which has been allowed by the lower appellate court in May 2022 and decreed the original suit directing the eviction of the appellants from the Suit Property.

While the appellant (original defendants) were planning to file a second appeal before the High Court, the appellants were evicted and the house was demolished with the assistance of Ballia Police.

Now, before the Court, the appellants submitted an affidavit stating that no execution case was registered after the decree passed by the lower appellate court and no process was issued by any executing court to evict the appellants from the suit property, even then they were evicted and the house was demolished.

It was further submitted that no action was taken by the Superintendent of Police, Ballia even though repeated applications and complaints have been made by the appellants against the illegal act of the aforesaid Police Officer and executive authorities.

Court's observations 

Persuing the affidavits, the Court was of the view that if the averments were true then it revealed a shocking state of affairs in the police department in District Ballia.

"The police force is a law enforcement agency of the State having the duty to protect the rights of the citizens. Law is doomed if the law enforcement agency itself acts illegally or assists any person in his illegal activity. The facts stated, if true, the action of the police authorities is not only arbitrary and illegal, but also subjects the police authorities to disciplinary action and criminal prosecution," the Court further remarked.

Further, seeking the personal appearance of the police officers, the court posted the matter for further hearing on July 22, 2022. Pradeep Singh Sengar,Sr. Advocate appeared for the appellants. 

Case title - Mohammad Sayed And Another v. Mohd. Isha And 7 Others

Click here to read/download the order