Supreme Court's Verdict on Bulldozer Action: "Home is a Dream That Should Never Break" – Justice Gavai’s Poem and Sensitivity

 In recent times, bulldozer action has become a sensitive issue in India. Several states have reported incidents where homes of suspects and accused individuals were demolished. Questioning this approach, the Supreme Court delivered a significant verdict on November 13, 2024, terming such actions unjust and inappropriate. The court emphasized the need to uphold the rule of law and safeguard the integrity of the judicial system.

Sentencing Is the Role of the Judiciary, Not the Government

In his judgment, Justice Bhushan Ramakrishna Gavai highlighted that sentencing is the duty of the judiciary, not the government. He emphasized that if an accused must be penalized, this decision should come through the legal system rather than by executive action. Bulldozing an accused's property without due legal process becomes a punishment not only for the accused but also for the entire family.

Importance of Home in Poet Pradeep's Words

While delivering the verdict, Justice Gavai referred to a poem by poet Pradeep to express the emotional value of a home. He said, "A home is a dream that should never break." It is a dream filled with the family's happiness, memories, and the hard work of a lifetime. When a home is demolished, it does not just impact a building but shatters the lives of the family members.

Rule of Law and Separation of Powers

The Supreme Court also stated that such actions by the executive violate the rule of law. Justice Gavai stressed that if the government assumes the role of judge and decides to bulldoze an accused’s property without trial, it contravenes the principle of separation of powers.

The Political and Legal Aspects of Bulldozer Action

Justice Gavai further highlighted the issue of selective and biased targeting of properties in such actions. This raises concerns about whether these actions aim at merely removing illegal constructions or serve as a means to punish without trial.

Through this verdict, the Supreme Court has sent a clear message that the rule of law is paramount in India. The role of the government should be limited in bulldozer actions, and the judicial system must be allowed to carry out its responsibilities. It is hoped that, after this ruling, the government and administration will handle such cases with greater caution and sensitivity.