The HCJ held that the military commander’s authority pursuant to Regulation 119 of the Emergency Defense Regulations also applies to parts of a house that are not owned or used by the suspect, but by others, even if no proof is presented that the latter participated in the suspects’ actions, or encouraged him, or were aware of his activity. In a minority opinion, Justice Cheshin held that Regulation 119 should be construed pursuant to the fundamental principles of the State of Israel and the Basic Law: Human Dignity and Liberty, and not according to the spirit of matters at the time the Regulation was enacted, and that the authorities should refrain from harming innocent persons.