In his last judgement as Chief Justice DY Chandrachud has strongly condemned the practice of ‘’bulldozer justice’’, in which state authorities demolished private properties of individuals who are involved or accused in criminal activities. The judgement was passed on by a bench headed by CJI Chandrachud, Justices Manoj Misra and JB Pardiwala on 6 November.
The case was related to the demolition of journalist Manoj Tibrewal Aakash’s ancestral home. The Supreme Court mentioned that the demolition took place only by a public announcement by using drum beats and no written order was given to the property’s owner. The state has been ordered by the court to pay Rs 25 lakh as an interim compensation to the petitioner. A disciplinary inquiry has also been ordered to be conducted on the officers who were responsible for the unauthorized demolition.
CJI Chandrachud’s Judgement on his last working day
The CJI stated that ‘’Justice by bulldozers’’ has no room in a civilized legal system and cautioned the state officials of serious risks they are allowed to damage citizens’ properties as a form of selective punishment.
Bulldozer justice is intolerable under the rule of law. If permitted, the constitutional protection of property rights under Article 300A will be of no use, said CJI.
The CJI stressed the need for public accountability and insisted that officials who will be involved in the illegal demolitions will have to face disciplinary actions and criminal repercussions.
Silencing the citizens by destroying their homes is wrong, the CJI added. The ultimate refuge of everyone is their home. The law does not encourage illegal occupancy or encroachment but at the same time it does not allow arbitrary demolitions.
Meanwhile, as per ANI report, Samajwadi Party chief Akhilesh Yadav criticised Uttar Pradesh Chief Minister Yogi Adityanath stating that it was for the first time in India that the Supreme Court has charged a huge fine of Rs 25 lakhs on the UP government for the bulldozer action.
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