"Bulldozing homes is like bulldozing the Constitution": Justice Ujjal Bhuyan

Supreme Court Judge Justice Ujjal Bhuyan strongly condemned the rising trend of "bulldozer actions" by State authorities, where properties of accused individuals are demolished without a legal trial. Addressing law students at Bharatiya Vidyapeeth New Law College, Pune, Justice Bhuyan described such actions as a direct attack on the Constitution and the rule of law.

"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," he remarked.

Drawing a strong parallel between these actions and constitutional violations, he stated, "Using a bulldozer to demolish a property is like running a bulldozer over the Constitution. It negates the very concept of the rule of law and, if left unchecked, could dismantle the foundation of our justice delivery system."

Justice Bhuyan referenced a recent Supreme Court ruling that declared such demolition drives illegal and set guidelines to prevent arbitrary destruction of properties. He underscored the violation of fundamental rights, particularly the right to a fair trial and the right to shelter under Article 21. The judge also highlighted the collateral damage inflicted upon innocent family members when the homes of accused individuals are demolished.

"In that house, perhaps the accused resides, but so do his mother, sister, wife, and children. What is their fault? If you demolish that house, where will they go? Even for the accused or a convict, does committing a crime warrant the demolition of their home?" he questioned.

Justice Bhuyan also emphasized the need for judicial introspection and consistency in legal decisions, acknowledging that even Supreme Court judgments should be open to scrutiny.

"The Supreme Court is 'Supreme' because it is the final court. But if there were a court above it, many of its judgments would have been reconsidered. We must introspect and ensure that our judicial system allows room for course correction," he stated.

Highlighting the importance of a rights-based approach, he stressed that laws should be applied consistently and without selective enforcement.

"Our endeavor should always be to strengthen human rights and jurisprudence, ensuring an accretion of rights rather than a rollback," he asserted.

Justice Bhuyan urged law students to develop a critical and questioning mindset rather than accepting judicial decisions at face value.

"As students of law, you must critically analyze judgments, including those of the Supreme Court. Of course, legal criticism must be well-founded and not driven by personal motives, but a questioning mindset is essential for the evolution of jurisprudence," he advised.