'Bulldozer justice': Former Law Minister Ashwani Kumar welcomes Supreme Court's intervention

New Delhi, September 3

Former Union Minister for Law and Justice Ashwani Kumar on Tuesday welcomed the Supreme Court’s intervention interdicting ‘Bulldozer Justice’, terming it an 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 fool proof mechanism for effective implementation of the Guidelines against bulldozing proposed by the Court,” Kumar said in a statement.

He said, “‘Bulldozer Justice’ is a brutal assault on constitutional fundamentals and has put the nation sworn to the rule of law to shame.”

As many BJP-ruled states resort to bulldozer action against ‘illegal’ houses of offenders, the Supreme Court on Monday said it will lay down guidelines on the issue as it wondered how someone’s house can be demolished just because the person happened to be an accused.

“How can anybody's house be demolished only because he is an accused? Even if he is a convict, still it can't be done without following the procedure as prescribed by law,” a Bench led by Justice BR Gavai had said.

“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,” he added.

“When a bulldozer is used to raze a residential dwelling, it amounts to denying to its occupants their right to shelter and dignity declared by the Supreme Court as sacrosanct fundamental rights. 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,” the former Law Minister said.

“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,” Kumar said.

Considering that the matter concerns the first principles of the Republic, there should not be any political divide on the issue, he said.