'Bulldozer Actions' Like Running A Bulldozer Over Constitution; Negates Rule Of Law : Justice Ujjal Bhuyan

Justice Ujjal Bhuyan, Judge of the Supreme Court, denounced the trend of many State authorities resorting to "bulldozer actions" against persons accused of crimes, whereby their houses are demolished as a punishment without any trial as per the law."In recent times, we are witnessing a very disturbing and depressing practice of State authorities using bulldozers to demolish houses and properties of persons accused of committing certain offences," Justice Bhuyan said addressing the students of Bharatiya Vidyapeeth New Law College, Pune.Sounding a strong condemnation, Justice Bhuyan said that such actions were like bulldozing the Constitution itself."According to me, using a bulldozer to demolish a property is like running a bulldozer over the Constitution. 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.He referred to the recent Supreme Court Judgment which declared "bulldozer actions" as illegal and laid down guidelines to check arbitrary demolition of properties. He said that the issue involves not only the right of the accused for a fair trial, but also raises issues regarding the right to shelter, which is recognized as a part of right to life under Article 21. Justice Bhuyan pointed out that even innocent family members are made to suffer due to the destruction of the home of an accused person."In that house, all right, we assume that this person may be an accused or he may be a convict, but his mother stays there, his sister stays there, his wife stays there, his children stay there. What is their fault? If you demolish that house, where will they go? It is right taking away the shelter over their heads, I would add, why only them? What about the accused? What about the convict? Just because somebody is an accused in an offense or a convict, that doesn't mean that his house should be demolished."Room for course correction in JudiciaryIn his address, Justice Bhuyan said that there was enough room for course correction in the Indian judiciary. The Supreme Court is 'Supreme' only because it is the final court. Had there been a Court above it, many judgments of the Supreme Court would have been reconsidered."We need to introspect, whether, someway down the line, if we have gone wrong. Only if we do that, only if we introspect, then only there can be course correction. I am of firm belief that there is enough room for course correction in the Indian judiciary. As a sitting Supreme Court Judge, I have no hesitation in saying, Supreme Court is Supreme because it is the final court. Had there been any other Court above the Supreme Court, many of the judgments of the Supreme Court will have to suffer a relook."Justice Bhuyan said that there must be consistency in judicial decisions and that law cannot be selectively applied to the litigants. "The endeavour should always be to enhance our right-based jurisprudence and our human rights, accretion to the rights and not a roll back on the rights," he said.Justice Bhuyan also urged law students to cultivate a critical mindset, emphasizing the importance of questioning and analyzing judicial decisions"As students of law, we need to develop a critical mindset, a questioning mindset and not lap up everything which comes, including judgments of the Supreme Court. We need to critically analyse the judgments. Of course, criticism of judgment has to be on a firm legal basis and we cannot impugn any motive. Develop the questioning mindset. Many of the judgments, we need to have a criticial examination."The lecture can be watched here.

'Bulldozer Actions' Like Running A Bulldozer Over Constitution; Negates Rule Of Law : Justice Ujjal Bhuyan

LIVELAW NEWS NETWORK

Tags