The Chief Justice of the Supreme Court of India DY Chandrachud strongly condemned the bulldozing of the house or business of the accused in Uttar Pradesh. Justice Chandrachud's last working day was Sunday. He is going to retire from tomorrow.
The last hearing in the Uttar Pradesh state journalist's ancestral home bulldozer case was in the bench of DY Chandrachud as Chief Justice. In the hearing of that case, Justice Chandrachud said, 'The voice of the people cannot be suppressed by destroying property. Protection and security of people's homes is a fundamental right. The state is also obliged to follow this rule. In case of any illegal construction or encroachment of land, action should be taken according to the prescribed procedure.'
In announcing the verdict, the judge said that in any civilized country it is not seen that trials are conducted with bulldozers. If the higher authorities of a state allow such immoral and illegal acts, then it must be admitted that it is a very terrible thing.
Earlier on Wednesday, the Supreme Court reprimanded the Uttar Pradesh government for demolishing a man's house as punishment in 2019. The court also directed all the states and Union Territories to comply with the directives regarding road widening and recovery of encroached government land.
The Supreme Court has directed the Chief Secretary of Uttar Pradesh to investigate the demolition of the journalist's father's house in Maharajganj district in 2019. Besides, a bench of Chief Justice Chandrachud and Justice JB Pardiwala and Justice Manoj Mishra ordered him to pay Rs 25 lakh compensation.
Justice Chandrachud said that the ultimate safety of a person is his home. The law certainly does not condone illegal seizure and occupation of government property. A 'bulldozer trial' is totally unacceptable under the rule of law. If these trials are ongoing, the right to property in Article 300A of the Constitution will have no meaning.
The Supreme Court said that if there is any evidence of encroachment, the state must issue a notice to the contrary. If the correctness and validity of the notice is challenged, the State will issue a 'Speaking Order' keeping in mind the principles of natural justice. A reasonable notice for eviction shall be given to the person charged with forcible possession if the objection is likely to be rejected.
The Chief Justice further said, 'Judgment by bulldozer is unknown in civilized society. If such unethical and illegal activities are allowed by state government officials or institutions, it is very alarming.'
Incidentally, there are several cases going on in the Supreme Court about bulldozer action or bulldozer justice. Where the homes or businesses of criminals or simply suspected individuals are being bulldozed. This is often happening in BJP-ruled states.
Last June too, 11 houses were bulldozed on police orders for keeping beef in the fridge. The incident took place in Mandla, a tribal-dominated area of Madhya Pradesh, India.
