SC Judge Slams Bulldozer Demolitions, Calls It Unconstitutional

Supreme Court judge Justice Ujjal Bhuyan on March 22 strongly criticized the practice of demolishing properties of individuals accused of crimes, stating that such actions are tantamount to "running a bulldozer over the Constitution of India."

Addressing the 13th Justice P.N. Bhagwati International Moot Court Competition on Human Rights at Bharati Vidyapeeth New Law College in Pune, Justice Bhuyan termed this trend "disturbing" and "depressing." He emphasized that demolishing houses of accused persons and later justifying it by branding the structures as illegal undermines the rule of law and threatens the country’s justice system.

"According to me, using a bulldozer to demolish a property is like running a bulldozer over the Constitution. It is a negation of the very concept of rule of law and, if not checked, would destroy the very edifice of our justice delivery system," he was quoted as saying.

The practice, often referred to as "bulldozer justice," gained prominence in 2017 under the Yogi Adityanath-led Uttar Pradesh government, where properties of individuals accused of rioting and protests were razed without following due legal procedures. The Supreme Court, in November last year, had ruled that such actions were unacceptable under the rule of law.

Justice Bhuyan further questioned the humanitarian consequences of such demolitions, pointing out that family members of accused individuals, including their mothers, sisters, wives, and children, are unfairly punished.

"If you demolish that house, where will they go? It is taking away the shelter over their heads. And why only them? What about the accused? What about the convict? Just because somebody is an accused in an offence or a convict, that doesn't mean that his house should be demolished," he remarked.

Fadnavis Hints at Bulldozer Action Amid Nagpur Violence

On the same day and in the same state, Maharashtra Deputy Chief Minister Devendra Fadnavis hinted at bulldozer action in response to the recent violence in Nagpur. When asked whether those responsible for the unrest would face "Uttar Pradesh-style" action, Fadnavis stated,

"The Maharashtra government has its own style of working... bulldozer will roll when necessary."

Violence erupted in central Nagpur on Monday, with stone-pelting incidents reported against the police. The unrest followed rumors that a sacred text of a particular community had been burnt during a protest by a right-wing group demanding the removal of Mughal emperor Aurangzeb’s tomb in Chhatrapati Sambhajinagar district.

Justice Bhuyan’s Legal Journey

Before being elevated to the Supreme Court in 2023, Justice Ujjal Bhuyan served as the Chief Justice of the Telangana High Court from June 2022. He was initially appointed as a judge of the Gauhati High Court on October 17, 2011.

His remarks come at a time when debates around bulldozer justice, rule of law, and due process continue to intensify across the country.