‘Bulldozer justice’
I write this letter as a former Union Minister for Law and Justice. The Supreme Court of India’s intervention interdicting “bulldozer justice” is a welcome affirmation of the constitutional imperative of observing the legal due process in meting out justice. The apex court’s reprimand must now be taken to its logical conclusion by ensuring a fool-proof mechanism for effective implementation of the guidelines against bulldozing proposed by the Court.
The point of principle underscored by the Court concerns the foundational value of the Republic — namely, that justice is to be dispensed according to the law and by observing legal processes.
The issue at hand is also about the proportionality of punishment in a given case.
When a bulldozer is used to raze a residential dwelling, it amounts to denying to its occupants their right to shelter and dignity, declared by the Court as sacrosanct fundamental rights. Razing the property of persons as a form of retribution is unknown to civilised democracies committed to a civilised use of the state’s police powers and answerable to constitutional discipline.
Ashwani Kumar,
New Delhi
Thinking judges
On the issue of judicial appointments (Opinion page, September 2), the controversy will exist, whether it is through the NJAC or collegium or any other mode. The best way to end it is on a lighter note. One of the senior-most judges of the Supreme Court complimented another judge by saying that he thinks on his feet. To which another senior-most judge, known for his brilliance, remarked that for some of the judges, thinking itself was a feat. This explains how inconclusive the debate on judicial appointments is.
N.G.R. Prasad,
Chennai