Justice Ujjal Bhuyan, a sitting Judge of the Supreme Court, has strongly criticized the increasing trend of "bulldozer actions" taken by State authorities against accused individuals. He pointed out that demolishing homes without a legal trial undermines the very foundation of the justice system and violates constitutional principles.
"In recent times, we are witnessing a very disturbing and depressing practice of State authorities using bulldozers to demolish houses and properties of persons accused of committing certain offences,"
Justice Bhuyan stated while addressing students at Bharatiya Vidyapeeth New Law College, Pune.
He emphasized that such actions amount to disregarding fundamental rights and legal procedures, raising concerns about the violation of the Constitution and the rule of law.
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Justice Bhuyan firmly asserted that the use of bulldozers to demolish private properties without due legal process is equivalent to destroying the Constitution itself.
"According to me, using a bulldozer to demolish a property is like running a bulldozer over the Constitution. It is a negation of the very concept of the rule of law and, if not checked, would destroy the very edifice of our justice delivery system," he warned.
He cited a recent Supreme Court judgment that declared such actions illegal and set guidelines to prevent arbitrary demolitions. The issue, he noted, goes beyond the rights of the accused—it also affects the fundamental right to shelter, protected under Article 21 of the Constitution.
"In that house, we assume that this person may be an accused or even a convict, but his mother, sister, wife, and children live there. What is their fault? If you demolish that house, where will they go? It is equivalent to taking away their shelter," Justice Bhuyan said.
He stressed that even if someone is accused of an offense, their home should not be arbitrarily demolished, as it violates basic human rights and due process.
Justice Bhuyan acknowledged that the Indian judiciary has room for introspection and improvement. He remarked that while the Supreme Court is the highest judicial authority, its decisions should still be critically analyzed.
"We need to introspect whether, somewhere down the line, we have gone wrong. Only if we do that, only if we introspect, can there be course correction. I firmly believe that there is enough room for course correction in the Indian judiciary," he stated.
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He further elaborated that while the Supreme Court is the final authority, its judgments are not infallible.
"The Supreme Court is 'Supreme' because it is the final court. Had there been another court above it, many of its judgments would have been reconsidered," he noted.
Justice Bhuyan also called for consistency in judicial decisions and opposed selective application of laws. He emphasized the importance of protecting human rights and ensuring legal principles are applied fairly to all litigants.
"The endeavour should always be to enhance our rights-based jurisprudence and our human rights, to ensure an accretion of rights, rather than a rollback of rights," he said.
Addressing future legal professionals, Justice Bhuyan urged law students to cultivate a questioning and analytical approach to judicial decisions.
"As students of law, we need to develop a critical mindset, a questioning mindset, and not simply accept everything at face value, including judgments of the Supreme Court," he advised.
He encouraged students to examine judgments critically, while ensuring their critiques are grounded in legal reasoning rather than personal bias.
"Of course, criticism of judgments must be on a firm legal basis. We cannot impugn any motive. Developing a questioning mindset is essential. Many judgments require a critical examination," he concluded.
