What DY Chandrachud said in his final order as CJI
Chief Justice of India DY Chandrachud served his last judgement at the Supreme Court on Sunday, before officially stepping down from the post, making way for his successor — Justice Sanjiv Khanna.
The apex court’s last judgment under Chandrachud’s pen expressed strong opposition towards “bulldozer justice”, wherein state governments and their departments resort to demolition of personal property of those allegedly involved or named in crimes.
The judgment was passed on November 6 under the bench headed by CJI DY Chandrachud, comprising Justices JB Pardiwala and Manoj Misra.
Notably, the case in question stems from the 2019 demolition of a journalist Manoj Tibrewal Aakash’s ancestral home. The apex court found out that the procedure of demolition was only preceded by public announcement through drum beats — Munadi — and that no written notice or disclosure of the basis for the action was specified to the occupiers.
The Supreme Court bench directed the state to pay an interim compensation of ₹25 lakh to the petitioner, further asking it to launch disciplinary enquiry against the officers responsible for the illegal demolition.
CJI Chandrachud’s final order
“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.”
Chandrachud — who took over the top chair of the Supreme Court on November 9, 2022 — will step down as the Chief Justice of India on Sunday, which will be followed by Justice Sanjiv Khanna taking up the office on November 11, Monday.