New Delhi: In a powerful statement on judicial principles, Chief Justice of India (CJI) DY Chandrachud, in one of his last judgments before retirement, denounced the use of “bulldozer justice,” calling it incompatible with the rule of law. Addressing the demolition of a journalist’s home in Uttar Pradesh, CJI Chandrachud underscored the need to uphold constitutional rights, especially those protected under Article 300A, which safeguards the right to property.
The Supreme Court issued this landmark decision on November 6, though the full judgment was publicly available only on Saturday. This case centers around the 2019 demolition of journalist Manoj Tibberwal Akash’s residence in Maharajganj district, Uttar Pradesh, carried out with alleged disregard for due process. CJI Chandrachud, together with Justices JB Pardiwala and Manoj Mishra, ruled that the demolition was illegal, emphasizing the importance of protecting citizens’ rights from arbitrary state actions.
CJI Chandrachud’s Powerful Words on the Rights of Citizens
In the detailed judgment, CJI Chandrachud articulated a stern warning: “Justice through bulldozer is not right for any civilized system.” He expressed grave concerns over the risks posed by unchecked governmental actions, cautioning that any illegal retaliatory behavior by state officials could erode the public’s faith in the rule of law. “The last security of a person is his home,” the CJI stated, emphasizing that the state cannot use demolitions to suppress dissent or intimidate citizens.
The judgment also clarified that while the law does not condone illegal occupation or encroachment on public property, it demands that due process is observed. In this case, however, the Supreme Court found that authorities had not followed lawful procedures, having only made a verbal announcement before proceeding with the demolition of the journalist’s residence without written notice.
Compensation Ordered, Accountability Demanded
In a significant move, the Supreme Court directed the Uttar Pradesh government to provide interim compensation of Rs 25 lakh to the journalist. Additionally, the court has ordered action against the officials responsible for the unlawful demolition, underscoring the judiciary’s commitment to holding the state accountable for overreach. The court’s ruling highlights its stand against arbitrary actions that disregard established legal protections.
Bulldozer Demolitions Under Scrutiny Nationwide
While the Supreme Court’s decision is specific to this case, it comes amidst a broader judicial review of similar demolitions across India. Another Supreme Court bench, led by Justices BR Gavai and KV Vishwanathan, had previously imposed a nationwide ban on demolitions executed without adherence to due process, although cases involving illegal encroachments remain exempt from this suspension.
This recent judgment is not only a testament to the judiciary’s dedication to constitutional principles but also a reminder that every citizen’s rights must be respected, regardless of government directives. In a firm assertion of legal integrity, CJI Chandrachud’s ruling affirms that justice cannot be wielded as a weapon, emphasizing that the state’s power has limits defined by the rule of law.
