'Apna ghar ho, apna angan ho, Is khwab mein har koi jita hai. Insan ke dil ki ye chahat hai ki ek ghar ka sapna kabhi na chute…' The Supreme Court said this line at the beginning of the judgment when the Supreme Court today gave its verdict on not running a bulldozer on the house of the accused or the guilty. In the judgment given by the Supreme Court, the bulldozer has again turned on the government's arbitrariness. Until now, the government of BJP-ruled states used to bulldoze the house of the accused. But can't do that now. The Supreme Court criticized in strict words and said that the officers cannot act like a court and the administration cannot be a judge. Henceforth such arbitrariness will not be carried out. Hello, Every person has one strong desire in their mind that their dream home is not taken away. But due to the crime of one accused, his house is demolished and the whole family gets the punishment of one. The Supreme Court has also given 15 guidelines while pronouncing the decision on bulldozer action. A bench of Justice BR Gavai and Justice KV Viswanathan delivered the judgment reserved on October 1 today on November 13. What's the whole thing? Whenever an accused was caught in a major crime, his house was bulldozed. This was part of the punishment decided by the government. Most of the bulldozer operations have taken place in Uttar Pradesh. Yogi's impression was left as 'Bulldazer Baba'. The Jamiat-Ulema-e-Hind filed a petition in the Supreme Court following the continuous bulldozing operations in Uttar Pradesh, Madhya Pradesh and Rajasthan. It was alleged that Muslims were being targeted and bulldozed in BJP-ruled states. The central government argued that the court should not tie its hands with its decision. Someone's property is demolished because it is illegal encroachment. He did not break because he committed a crime. After hearing the arguments of both the parties, the Supreme Court reserved the verdict. Understand the Supreme Court's decision in 5 points, what did the Supreme Bench say? 1. Every man dreams of having his own house, it cannot be taken away Justice BR Gavai said, Man always dreams that his house should never be taken away. Everyone dreams of having a safe roof over their home. Can the authorities take away the roof of a person who is accused of something? Accused or proved guilty, can his house be demolished without following due process? We considered the issue of justice in the criminal justice system. No advance decision can be taken about any accused. 2. If an officer takes the law into his hands, he should also be prosecuted. An officer breaks into a person's house because he is an accused. It is wrong to demolish his house because of the accused. If the officer takes the law into his own hands then he should be prosecuted because what he is doing is illegal. The accused also has some rights. The Government and its officials cannot take arbitrary and unilateral action against the accused or the guilty person without following the law. If any officer does so, there should be a system of action against him. The officer should be the one to compensate him. An officer cannot be forgiven for acting with wrongful intention. 3. An officer cannot be a judge, cannot decide who is guilty… Demolition of a person's property if he is only accused is completely unconstitutional. The authorities cannot decide who is guilty, he cannot be the judge himself and decide whether someone is guilty or not. A serious aspect of bulldozer action is that abuse of power cannot be allowed. Such action cannot be taken against any criminal. Such action by the officer would be illegal and the officer would be guilty of taking the law into his own hands. 4. When a targeted structure is demolished, it is clear that the intention was bad Bad intention is clear when one structure is suddenly selected for demolition and no action is taken on other structures. An impression is created that the proceedings are not on any construction but to punish the person whose case is before the court. 5. Housing is a last resort, but housing has to be proven to be an issue of socio-economic stress. It is not just a house, a struggle of years, for which everyone has a sense of respect. If it is taken away, the officer has to prove that demolition was the last resort. The rule of criminal justice is that a person is innocent until proven guilty. If his house is demolished, it means punishing the whole family. This cannot be constitutionally sanctioned. Justice Gawai quoted the sentence of the English case At the beginning of the hearing of the case, Justice Gawai recalled a case of England and quoted its sentence. The case of Southern versus South was heard by Lord Denning in the English court. Quoting a sentence from that case, Justice Gavai said that even the poorest of the poor is free to oppose all the forces of authority in his hut. His house becomes weak, the crusts of his roof fall off, strong winds can enter his house, streams of water can enter but the King of England cannot enter his house. What can and cannot happen? The most bulldozers were used in Uttar Pradesh, Madhya Pradesh and Rajasthan. These three BJP-ruled states have used the most bulldozers. Due to this, an impression has been created in the minds of the people that if there is an accused, a bulldozer should be turned on his house. After the incident in Bahraich, mobs of people took to the streets and demanded that the house of the accused who fired the bullet should be bulldozed. The bulldozers have been rolling lately, haven't they. This is an old pattern. Babulal Gore was the one-time Chief Minister of Madhya Pradesh, he was known as 'Bulldozer CM'. That is why some previous leaders have used bulldozers wrongly. But if Bulldozer has been made into a brand, it has been made by Yogi Adityanath. Even when the bulldozer moved in Gujarat, the Supreme Court turned a red eye, following the footsteps of Uttar Pradesh, Madhya Pradesh and Rajasthan, the Gujarat government has also taken bulldozer action from time to time. Finally, one of Bashir Badr's shares comes to mind, Log குத்தை கியை மிர் பைர் பாநு மான் மான், tum taras nahi தித்தை ஜாலை ஜால் மானியாயா… Watch from Monday to Friday at 8 pm Editors View… (Research : Yashpal Bakshi)
Image Credit: (Divya-Bhaskar): Images/graphics belong to (Divya-Bhaskar).
EDITOR'S VIEW: Stop bulldozer justice: Supreme turns bulldozer on government's arbitrariness, says- 'Wrongly erected building has to be constructed by the official', know the court's strict guidelines
