The last words of DY Chandrachud in his last ruling as CJI

Before formally leaving his position to make room for Justice Sanjiv Khanna, Chief Justice of India DY Chandrachud delivered his final ruling at the Supreme Court on Sunday.In its most recent ruling under Chandrachud’s leadership, the Supreme Court voiced strong opposition to “bulldozer justice,” a practice in which state governments and their agencies demolish the private property of people who are accused of committing crimes.

The bench, which included Justices JB Pardiwala and Manoj Misra, was led by Chief Justice DY Chandrachud and rendered the decision on November 6.

The issue in question is noteworthy since it concerns the demolition of journalist Manoj Tibrewal Aakash’s ancestral home in 2019. The highest court discovered that no formal notice or explanation of the rationale behind the action was given to the occupiers, and that the demolition process was only announced to the public through drum beats, or Munadi.

The Supreme Court bench ordered the state to conduct a disciplinary investigation against the personnel who carried out the unlawful demolition and to provide the petitioner with an interim payment of ₹25 lakh.

• “Bulldozer justice is simply unacceptable under the rule of law. If it were to be permitted the constitutional recognition of the right to property under Article 300A would be reduced to a dead letter.”

• “Justice through bulldozers is unknown to any civilized system of jurisprudence. There is a grave danger that if high handed and unlawful behavior is permitted by any wing or officer of the state, demolition of citizens’ properties will take place as a selective reprisal for extraneous reasons,” the CJI wrote.

• He observed that voices of the citizens cannot be suppressed or disrupted by demolishing their properties and homes. “The ultimate security which a human being possesses is to homestead. The law does not undoubtedly condone unlawful occupation of public property and encroachments,” Chandrachud added.

• The apex court bench led by CJI Chandrachud further said, “Public accountability for public officials must be the norm. Officials of the state who carry out or sanction such unlawful action must be proceeded against for disciplinary action and their infractions of law must invite criminal sanctions.”