Justice BR Gavai quoted lines from a poem on the bulldozer action.
The Supreme Court has given a big decision on the bulldozer action on Wednesday. Justice BR Gavai on Wednesday cited these lines of renowned poet Pradeep to underline that everyone desires to have their own house and never wants to lose this dream. Issuing nationwide guidelines on demolition of properties, Justice Gavai began the 95-page judgment with these lines from the poet, “Apna ghar ho, apna aangan ho, iss khwab mein ki ki khwaab ke liye jeet hai, mansak ke dil ki This is the wish that the dream of a house should never be lost.” The bench said, ”Famous poet Pradeep has described the importance of Ashiana in this way.”
What decision did the court give on bulldozer action?
Justice Gavai wrote the judgment for the bench. The bench also includes Justice K V Vishwanathan. The court said that every person and family dreams of a house. The bench said, “A house symbolizes the collective expectations of stability and security of every family or individuals.” The bench said that an important question is whether the authorities should take measures to punish a person accused of a crime. As to whether he should be allowed to take away the shelter of his family or not. The bench said that the right to shelter is one of the aspects of Article 21 (protection of life and personal liberty) of the Constitution.
‘No property should be demolished without giving notice’
Laying down guidelines for the entire country, the Court said that no property should be demolished without giving a show cause notice and the affected should be given 15 days to respond. Taking a strict stand on ‘bulldozer justice’, the bench said the authorities cannot act as a judge, convict an accused and demolish his house. The bench of Justices Gavai and Vishwanathan said, “If the authorities arbitrarily demolish the house of a citizen merely on the ground that he is accused of a crime, then it acts contrary to the principles of rule of law. ”
The court said that if a person’s house is demolished merely because he is accused or convicted, it would be “completely unconstitutional”. Justice Gavai, while delivering the judgement, said that the executive cannot replace the judiciary in carrying out its core functions. (with language inputs)
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