In his final judgment before retirement as Chief Justice of IndiaJustice DY Chandrachud argued that citizens’ voices should not be silenced by threats of destruction of property and pointed out that “bulldozer justice” was unacceptable in a society governed by the rule of law.

He stressed that the safety and security of a citizen’s home are fundamental rights that deserve protection. Accordingly, the State is obliged to respect procedural safeguards and ensure a fair trial before taking action against alleged violations or illegal constructions.

“Justice by bulldozers is unknown to any civilized system of jurisprudence. There is a grave danger that if any wing or officer of the state permits ungodly and illegal conduct, demolition of citizens’ property will take place as selective reprisals for extraneous reasons,” the chief justice said in a verdict in a case. related to the demolition of a house in Maharajganj in Uttar Pradesh in 2019.

The apex court pointed out: “Citizens’ voices cannot be curbed by the threat of destruction of their properties and households. The ultimate security that a human being possesses is the household.”

The The Supreme Court has dealt with numerous cases regarding the use of bulldozers to demolish properties allegedly associated with persons 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 the officials involved. The November 6 verdict, which was later uploaded on the court’s website, proposed setting minimum thresholds of procedural safeguards to be met before taking action against citizens’ properties.

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

“State officials who carry out or sanction such illegal actions must be prosecuted for disciplinary action. Violations of their law must bring criminal sanctions. Public accountability for civil servants 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 demolished in 2019 without proper notice or fair compensation.

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