Vikrant Shekhawat : Nov 10, 2024, 10:20 AM
CJI DY Chandrachud: Supreme Court Chief Justice DY Chandrachud, in his last decision before retiring, reacted strongly to the 'bulldozer action', calling it against the rule of law and unacceptable in the judicial process. Chief Justice Chandrachud said that justice cannot be given to someone by destroying his property and suppressing the voice of the public with such threats is unfair in the eyes of the law. The bench of Justice Chandrachud, Justice JB Pardiwala, and Justice Manoj Mishra made it clear that justice by bulldozer cannot be a part of the justice system of a civilized society and it is mandatory for all states to follow due process of law in any kind of action related to property.Issue of constitutional protection of property rightsChief Justice Chandrachud cited Article 300A of the Constitution and explained the importance of constitutional protection of property rights. He said that if bulldozers are used arbitrarily on properties, the rights of citizens will be violated. Under Article 300A, it is unconstitutional to take away the property of any citizen without the authority of law. This comment of the Supreme Court was in the case of bulldozer action in Maharajganj, Uttar Pradesh, where the state government took action on the properties of the people without following due process. The court criticized the state government while ordering it to pay compensation of Rs 25 lakh.Anarchy in the name of justice will not be tolerated: CJIReacting to the bulldozer action of the Yogi government, Chief Justice Chandrachud said that destroying the houses of citizens without due process is a symbol of arbitrariness and anarchy. He said that the affidavit filed in the court showed that no notice of any kind was issued before this action, and the property was destroyed by giving only verbal information. He said that this is not acceptable in the process of justice and such actions violate the dignity of the Constitution.New Chief Justice Sanjeev Khanna will take chargeToday Chief Justice DY Chandrachud will retire from the Supreme Court. He took over as Chief Justice on 9 November 2022. After him, Justice Sanjiv Khanna will take over as the new Chief Justice of India. His vision for the fairness of justice and protection of constitutional rights has also left a deep mark in the last decision of the Supreme Court, which has further strengthened the supremacy of law in the country.This decision of DY Chandrachud is an example of fairness, transparency and protection of constitutional rights of the judicial process in India, which will be a guide for the judiciary in future.