Delivering a powerful final judgment before his retirement, Chief Justice DY Chandrachud took a firm stance against using bulldozer actions to silence citizens. He condemned the practice of demolishing homes as a means of intimidation, stressing that it undermines citizens’ fundamental rights. His ruling asserted that justice should be rooted in law, not in force, and that bulldozer tactics have no place in a society governed by the rule of law.
Protecting Citizens from Bulldozer Action
Justice Chandrachud stressed that using bulldozers as a form of punishment or intimidation violates citizens’ rights. He noted that bulldozer action against properties as selective reprisal undermines India’s civil justice system. The Chief Justice emphasized that any state authority, when taking action against alleged encroachments or illegal constructions, must observe procedural safeguards.
Bulldozer Justice Is Against Civilized Jurisprudence
The Supreme Court, under CJI Chandrachud’s leadership, has reviewed several cases involving the use of bulldozers to demolish properties of alleged offenders. This controversial practice, often termed as ‘bulldozer justice,’ has drawn criticism from civil rights advocates and opposition leaders. In his final ruling, Justice Chandrachud stated, “Justice through bulldozers is unknown to any civilized system of jurisprudence.”
Ensuring Due Process and Accountability
Highlighting the importance of procedural fairness, Justice Chandrachud argued that due process must precede any action against properties. The state must ensure that all actions respect Article 300A of the Constitution, which recognizes the right to property. Failing to do so, he warned, reduces this constitutional protection to a mere formality.
Disciplinary Action for Unlawful Bulldozer Action
Justice Chandrachud recommended strong measures against officials who conduct or approve bulldozer actions without following the law. He urged disciplinary action, including criminal sanctions, against those found guilty of misusing their authority. Public accountability for state officials must be a priority, he noted, ensuring that citizens are protected from abuse of power.
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