Bulldozer action trends again: What SC says about such 'justice'
What's the story
Bulldozer justice made headlines again as civic authorities in Maharashtra demolished parts of buildings that they claim are built in violation of the law.
In Maharashtra, the Brihanmumbai Municipal Corporation (BMC) launched a demolition drive at The Habitat studio at Unicontinental hotel in Mumbai's Khar area, where comedian Kunal Kamra had made a joke about Maharashtra deputy CM Eknath Shinde.
According to officials, the studio is located in an encroached area between two hotels.
UP
Civic body bulldozes house of Nagpur violence mastermind
"The studio owner has constructed some temporary illegal sheds, which we are now removing. This does not require any notice," Assistant Commissioner Vinayak Vispute stated.
In Nagpur too, a similar action was carried out as Nagpur Municipal Corporation (NMC) razed the house of Fahim Khan, prime accused in the recent Nagpur violence.
Per reports, the property was registered in Khan's mother's name on NIT-leased land, and the lease for the property on which Khan's house stood had expired in 2020.
SC judge
such actions were like bulldozing the Constitution itself: SC judge
As bulldozer justice made headlines, Justice Ujjal Bhuyan, Judge of the Supreme Court, denounced the trend whereby an accused or a suspect's houses are demolished as a punishment without any trial as per the law.
He said that such actions were like bulldozing the Constitution itself.
"It is a negation of the very concept of rule of law and if not checked, would destroy the very edifice of our justice delivery system," Justice Bhuyan said.
SC
Justice through bulldozers unknown to any civilised system: SC
Justice Bhuyan was referring to the recent Supreme Court Judgment, which ruled "bulldozer actions" unconstitutional and laid out principles to prevent arbitrary demolition of houses.
While hearing a case concerning the illegal demolition of a house in Uttar Pradesh, then Chief Justice DY Chandrachud and Justices J.B. Pardiwala and Manoj Misra said "bulldozer justice" is unacceptable under the rule of law and civilized jurisprudence.
Rights emphasized
Citizens' rights must be protected
"If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter," said the bench.
The court stated that residents' voices cannot be silenced by threats to destroy their properties.
"There is a grave danger that if high handed and unlawful behavior is permitted by any wing or officer of the state, demolition of citizens' properties will take place as a selective reprisal for extraneous reasons," it said.