Chief Justice of India DY Chandrachud warned against the danger of selective demolitions as acts of reprisal and called for accountability of state officials involved in such actions. He argued that this unlawful ‘bulldozer justice’ should lead to disciplinary and criminal actions.
In his final judgment before retiring as Chief Justice of India, Justice DY Chandrachud held that citizens’ voices must not be silenced through threats of property destruction and emphasised that ‘bulldozer justice’ is unacceptable in a society governed by the rule of law.
He underscored that the safety and security of a citizen’s home are fundamental rights deserving of protection. Consequently, the state is obligated to follow procedural safeguards and ensure due process before taking action against alleged illegal encroachments or constructions.
“Justice through bulldozers is unknown to any civilised system of jurisprudence. There is a grave danger that if high handed and unlawful behaviour is permitted by any wing or officer of the state, demolition of citizens’ properties will take place as a selective reprisal for extraneous reason,” the Chief Justice said in a verdict in a case related to the demolition of a house in Uttar Pradesh’s Maharajganj in 2019.
The top court stressed, “Citizens’ voices cannot be throttled by a threat of destroying their properties and homesteads. The ultimate security which a human being possesses is to the homestead”.
The Supreme Court has been addressing numerous cases concerning the use of bulldozers to demolish properties allegedly associated with individuals accused of criminal activities. This practice, often referred to as ‘bulldozer justice,’ has sparked widespread controversy and drawn significant criticism from opposition parties.
Calling ‘bulldozer justice’ “simply unacceptable”, the Chief Justice called for action against officials involved. The November 6 verdict, which was uploaded on the court’s website later, proposed to lay down certain minimum thresholds of procedural safeguards which must be fulfilled before taking action against properties of citizens.