Former Union Law Minister Ashwani Kumar praises the Supreme Court’s stance against “bulldozer justice,” calling it a crucial reaffirmation of due process. He urges the creation of guidelines to prevent such practices.
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NEW DELHI: Former Union Law and Justice Minister Ashwani Kumar has lauded the Supreme Court’s recent stance against the practice of “bulldozer justice,” emphasizing that this intervention serves as a crucial reaffirmation of the necessity to uphold legal due process when dispensing justice. Kumar underscored the importance of the Court’s reprimand, stating that it must lead to the creation and robust enforcement of guidelines to prevent such practices from recurring.
In his statement, Kumar expressed his approval of the Supreme Court’s actions, remarking-
“The Supreme Court’s intervention in interdicting ‘Bulldozer justice’ is a welcome affirmation of the constitutional imperative of observing the legal due process in meting out justice.”
He further elaborated on the need for this judicial reprimand to be followed by concrete steps, saying-
“The apex court’s reprimand must lead to the establishment of a robust mechanism for the effective implementation of the Court’s proposed guidelines against bulldozing.”
Kumar highlighted a critical principle underscored by the Court, which pertains to the foundational values of the Republic.
He pointed out that –
“The Court underscores a fundamental principle: justice must be dispensed according to law and through proper legal processes, reflecting the core values of the Republic.”
He argued that justice delivered in accordance with the law should not be seen as an act of retribution carried out at the discretion of executive authorities.
“Justice under the law cannot be an act of retribution driven by the whims of executive authorities.”
-Kumar asserted.
The former Union Minister also touched upon the issue of proportionality in punishment, particularly in cases where bulldozers are used to demolish residential properties.
He remarked-
“The issue also concerns the proportionality of punishment. Using a bulldozer to demolish a residential dwelling denies its occupants their fundamental right to shelter and dignity, which the Supreme Court has declared sacrosanct.”
He emphasized that the rights to shelter and dignity are fundamental rights enshrined in the Constitution and must be protected at all costs.
Kumar further criticized the use of bulldozers as a punitive measure, describing it as a practice that is –
“unknown to civilized democracies that are committed to the responsible use of state police powers and adherence to constitutional discipline.”
He did not mince words when he condemned the practice as “a brutal assault on constitutional fundamentals,” adding that it has brought shame upon a nation that is sworn to uphold the rule of law.
In his impassioned plea, Kumar called upon the citizens to actively oppose such practices by the State, arguing that the State and the Constitution deserve allegiance only when they function as instruments of justice.
He stated-
“It is time for the public to oppose the State becoming a tormentor. The State and the Constitution should be upheld only as tools for justice, which must not only be administered but also visibly upheld.”
Kumar also urged that this issue, which concerns the very first principles of the Republic, should not be marred by political divides.
Furthermore, Kumar reiterated his stance that justice must be dispensed according to the law and due process, and not through retributive measures carried out by executive authorities. He argued that the demolition of homes as a form of punishment is a direct violation of fundamental rights, particularly the rights to shelter and dignity, which are safeguarded by the Constitution.
Kumar strongly asserted that such actions are –
“inconsistent with civilized democratic principles and the rule of law.”
On September 2, in a pivotal hearing, the Supreme Court signaled its intention to develop pan-India guidelines to address the controversial issue of house demolitions, often referred to as “bulldozer action,” used as punitive measures against individuals accused of crimes. The hearing, which involved multiple petitions challenging these practices, saw Justices B R Gavai and K V Viswanathan requesting the parties involved to submit draft suggestions. These suggestions will assist the Court in crafting comprehensive guidelines that aim to curb the misuse of demolitions as a form of extrajudicial punishment.
Senior Advocate Nachiketa Joshi has been entrusted with the responsibility of compiling these proposals for the Court’s consideration, ensuring that the final guidelines reflect the principles of justice and constitutional adherence that Kumar and others have passionately advocated for.
