BULLDOZER JUSTICE IN INDIA

October 14, 2024
The Case of M Siddiq vs Mahant Suresh Das (2020)

Introduction

Recently in India, a new form of justice has emerged, and that is bulldozer justice. According to this form of justice, the property of the person is directly demolished without awaiting the results of trial and judicial orders if he is accused of rape, murder, dacoity, is a mafia, or any other form of grave offense. Such forms of bulldozer justice are witnessed largely in Uttar Pradesh, Madhya Pradesh, Maharashtra, and others.

The respective governments have justified their acts by saying that these actions are required to create a deterrence in society, and these methods have largely been instrumental in the prevention of the commission of the offenses.

On the other hand, it is also argued that such a form of justice deprives a person of a right to a fair hearing, principles of natural justice, rule of law, right to life, and other constitutional rights.

The present article aims to present an anayasis before the readers of the bulldozer justice, what is bulldozer jutice, the Constituttional analysis of bulldozer justice, the Supreme and the argumernts in favor or aginst the bulldozer justice.

What is Bulldozer justice? Why bulldozer practice is practiced?

In this form of justice, the property of the accused is demolished directly without judicial orders. This form of justice creates a deterrence in the society. In recent times, various instances of bulldozer justice have been found across India, for example, demolition of property of Vikas Dubey and Atiq Ahmad in Uttar Pradesh, demolition of shops in Madhya Pradesh, and in Maharashtra, demolition of the bungalow of actor turned politician Kangana Ranaut.

It is argued that the delay that is caused in giving judicial orders tends to shake the public trust in the judicial system, which may be restroked through the bulldozer judicial system. Moreover, this form of bulldozer justice promotes effective implementation of law. Law and order can be promoted through this form of justice. Accused and criminals only understand the language of suprress and dire actions. Other nations are able to keep the crime rate in control due to the effective and time-bound strict actions.

Arguments are also given that India’s justice system provides the strictest punishment, but their implementation is slow, due to which the system doesn’t create the required fear or detterance in the masses. This bulldozer justice fulfills the requirement of quickness in the justice delivery system.

Moreover, this form of justice is not against any particular section of society, and it doesn’t discriminate on the basis of religion. It is applicable equally.

Arguments against the Bulldozer Justice (What is Bulldozer justice?)

There are various aguments that are found in this form of jutice. It is argued that this bulldozer justice is against our constitutional principles.

  • It violates Article 14 and the principle of rule of law. According to this principle, everyone is governed by the same set of laws, and no one is above the law. It also prevents everyone from arbitratry state action because anything arbitrary is against the principle of equality. Therefore, this bulldozer justice directly violates Article 14 and the principle of Rule of Law as ebshrined under the Indian Constitution.
  • It also violates Article 21 of the Constitution. It categorically says that no one shall be deprived of his right to life without following procedure established by law. In Maneka Gandhi v. Union of India (1978), it was already clarified that procedure established by law has the same meaning as due process of law. Therefore, when a person is deprived of his right to life, then the process must be just, fair, and reasonable.
  • Right to livelihood and right to shelter have also been read into Article 21 as an important facet of right to life. These rights are also violated in this form of justice.
  • In bulldog justice, Article 300A of the Constitution is also violated. According to this, no one shall be deprived of his right to property save by authority of law. Since the bulldozer justice is also against the law, this provision is also violated.
  • The bulldozer judgment is against the cardinal principle of criminal jurisprudence, i.e., innocent until proven guilty or the presumption of innocence of the accused. Here, it is presumed that the accused is guilty, and action is taken against him.
  • This form of justice promotes authorization and reduces judicial determimation. The executive’s authorization is reflected in this form of judgment.
  • It disrupts the concept of separation of power in the system. It promotes adjudication by executive. Therefore, this constitutional principle is also violated.
  • It is also argued that ethically and morally, this form of justice is unjustified.
  • It makes no provision for compensation to the accused if later on the accused is actually found to be not guilty.

Supreme Court on Bulldozer Jutice

Petitions have been filed in the Supreme Court to challenge this Bulldozer Justice. The Supreme Court in the case of Jamiat Ulma Hind v. North Delhi Municipal Corporation (2022) has passed an interim order of stay to prevent any further case of demolotion till the petition is completely disposed off.

According to the Supreme Court, this method is against the constitutional principles and must accordingly be stayed till the further order of the Court.

Conclusion

The adage of justice delayed is justice denied has to be balanced with another adage, justice hurried is justice burried. India follows some of the important doctrines of criminal jurisprudence, like let alone be a hundred offenders set free, but even a single innocent should not be punished. Therefore, judicial adjudication requires complete appreciation of evidence, the testimonies of all witnesses, and then the correct application of law. In a jist of a moment, no judgment can be delivered, which would be no justice in the real sense.

Therefore, bulldog justice lacks the essential elements of justice.

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