Bulldozer justice unacceptable: DY Chandrachud’s final verdict as Chief Justice

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.

“The state must follow due process of law before taking action to remove illegal encroachments or unlawfully constructed structures. Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted, the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter,” Justice Chandrachud added.

“Officials of the state who carry out or sanction such unlawful action must be proceeded against for disciplinary action. Their infractions of law must invite criminal sanctions. Public accountability for public officials must be the norm. Any action in respect of public or private property must be backed by due process of law,” the CJI said.

The current case before the Supreme Court involves the demolition of journalist Manoj Tibrewal Akash’s ancestral home, which was allegedly torn down in 2019 without proper notice or fair compensation.

Justice Chandrachud officially retires on November 10, concluding a distinguished tenure at the Supreme Court. He assumed office as the 50th Chief Justice of India in November 2022.