SC intervention interdicting "Bulldozer justice" is a welcome affirmation: Former Union Law Minister Ashwini Kumar

NEW DELHI: Former Union Law and Justice Minister Ashwani Kumar commented on the Supreme Court's recent stance against "bulldozer justice," praising the court's intervention as a reaffirmation of the need to uphold legal due process in delivering justice.

Kumar emphasized that the Court's reprimand should lead to a robust implementation of guidelines to prevent such practices. In a statement issued, he said 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.

The apex court's reprimand must now be taken to its logical conclusion by ensuring a foolproof mechanism for effective implementation of the Guidelines against bulldozing proposed by the Court.

"The point of principle underscored by the Court concerns the foundational value of the Republic namely, that justice is to be dispensed according to law and by observing legal processes.

Justice according to law cannot be an act of retribution at the whim of executive authorities", he said. The issue at hand is also about the proportionality of punishment in a given case.

When a bulldozer is used to raise a residential dwelling, it amounts to denying its occupants of their right to shelter and dignity declared by the Supreme Court as sacrosanct fundamental rights, said Senior Advocate Ashwani Kumar.

Razing the property of persons as a form of retribution is unknown to civilised democracies committed to a civilised use of the State's police powers and answerable to constitutional discipline.

"Bulldozer justice" is a brutal assault on constitutional fundamentals and has put the nation sworn to the rule of law, to shame, he added. It is time for the citizenry as a whole to assert its opposition to the State itself becoming the tormentor.

The State and the Constitution deserve our allegiance only as instruments of justice, which is not only to be done but should also be seen to be done. Considering that the matter concerns the first principles of the Republic, there should not be any political divide on the issue.

He also stressed that justice must be administered according to law and due process, not through retributive measures by executive authorities. Kumar argued that demolishing homes as a form of punishment undermines fundamental rights to shelter and dignity, which are protected by the Constitution.

He asserted that such actions are incompatible with civilised democratic principles and the rule of law.

On September 2, the Supreme Court indicated plans to develop pan-India guidelines to address the issue of using house demolitions (referred to as "bulldozer action") as a punitive measure against individuals accused of crimes.

During a hearing involving multiple petitions challenging these practices, Justices B R Gavai and K V Viswanathan requested that the parties involved submit draft suggestions to aid the Court in crafting these guidelines.

Senior Advocate Nachiketa Joshi has been assigned the task of compiling these proposals for the Court's consideration.