Poetry To UK Precedent: What Went Into Landmark 'Bulldozer Justice' Verdict
NDTV
The bench of Justice BR Gavai and Justice KV Viswanathan took a tough stand, holding that the Executive cannot cannot replace the Judiciary and the legal process should not prejudge the guilt of an accused
In a landmark judgment yesterday, the Supreme Court demolished the idea of 'bulldozer justice' that several state governments had unleashed against accused in heinous criminal cases. The bench of Justice BR Gavai and Justice KV Viswanathan took a tough stand against such actions, holding that the Executive cannot cannot replace the Judiciary and the legal process should not prejudge the guilt of an accused. But laws, precedents and doctrines aside, it was idea of 'home' that was at the heart of this judgment.
The 95-page order started with four lines of a Hindi poem by Kavi Pradeep, who penned the timeless "Aye Mere Watan Ke Logon" as a tribute to soldiers killed in the 1962 Sino-Indian War. The four lines in the court's order were: "Apna ghar ho, apna aangan ho, is khwab mein har koi jita hai, insaan ke dil ki yeh chahat hai, ki ek ghar ka sapna kabhi na chute". The lines roughly translate to: "It is everyone's dream to have a home, a courtyard. No one wants to lose the dream for a home."
The court noted in its order that for an average citizen, the construction of a house is often the culmination of years of hard work, dreams, and aspirations. "A house is not just a property but embodies the collective hopes of a family or individuals for stability, security, and a future. Having a house or a roof over one's head gives satisfaction to any person. It gives a sense of dignity and a sense of belonging. If this is to be taken away, then the authority must be satisfied that this is the only option available," it said.
The Work Behind The Judgment
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The bench of Justice BR Gavai and Justice KV Viswanathan took a tough stand, holding that the Executive cannot cannot replace the Judiciary and the legal process should not prejudge the guilt of an accused
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