On Wednesday, the Supreme Court made a major decision in the bulldozer lawsuit. Justice BR Gavai on Wednesday quoted famous poet Pradeep’s verses to emphasize that everyone aspires to own a house and never wants to lose this dream. Justice Gawai, who issued nationwide guidelines on demolition of properties, began his 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 It is a wish that the dream of the house is never lost,” said the bench, “The famous poet Pradeep once described the importance of Ashiana.”
What did the court rule in the bulldozer lawsuit?
Justice Gawai wrote the judgment for the bench. The bench also included Justice K V Vishwanathan. The court said that it is the dream of every person and every family to own a house. “The house symbolizes each family or individual’s collective desire for stability and security,” the judge said. An important question, the judge said, was whether authorities should take steps to punish people accused of crimes. Is it permissible to deprive his family of asylum? The judge said that the right to asylum is one of the contents of Article 21 (protection of life and personal freedom) of the Constitution.
“No property shall be demolished without notice”
Setting guidelines for the country, the court said no property should be demolished without issuing a show-cause notice and those affected should be given 15 days to respond. Taking a strict stand against “bulldozer justice”, the judge said the authorities cannot act as judges, convict the accused and demolish his house. Justices Gavai and Vishwanathan said, “It goes against the principles of the rule of law if the authorities arbitrarily demolish a citizen’s house just because he is accused of a crime.”
The court said it would be “completely unconstitutional” if a person’s home was demolished simply because he was charged or convicted. Delivering the sentence, Justice Gawai said the executive branch cannot replace the judiciary in performing its core functions. (with language input)
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