Bulldozer Justice Vs Rule of Law I "Anarchy" says Former Supreme Court Judge I Barkha Dutt

you made this point about you know the perception of the Supreme Court as a as a possibly weaker Supreme Court than before and these things have happened in phases it's not like I said there have been such moments and such debates before The Supreme Court has in the past upheld the emergency for example right so we've had these debates before we've had these moments before but isn't the real problem that there is an increasing appetite for a vigilante justice B Justice that is delivered actually by the executive so for example if you look at the use of bulldozers today right uh you see bulldozers roll out and by the way you've had Congress Le States also now emulating what the BJP U had begun bulldozers roll out um theoretically to actually roll over illegal encroachment or illegal constructions but almost always dealing with somebody who has committed a heinous crime or is accused of committing a heus crime and there's great public support for the often for this what do you make of this bulldozer driven Justice yeah you know I don't think uh this bulldozer driven Justice or bulldozer justice has anything to do with the weakness of the Judiciary or the so-called weakness of just how long it takes for anybody to the problem really is the delays in the course that's what I meant yeah yeah um so if if a case is going to take so many years you know well somebody says might as well you know hand over Justice myself because I think what this person has done is wrong now when you talk about the demolition of uh properties mhm what does the state say now I'm not talking about any any particular state but I think all states say the same thing that this was an illegal construction number one number two this was an encroachment on public property that's why we demolished it all right which means that the state knew that this was an illegal construction and this was an encroachment why are they not taking any action when they come to know about it is it that they suddenly come to know about it when some incident happens M okay somebody throws a stone at A procession or something then they say oh yeah you know this thing is illegal so let's demolish it but if they knew it why did they not take action earlier yeah okay so you have this what we in the legal profession called circumstantial evidence that a certain event happens and there's a certain followup you know action taken on the basis of that event yeah put two and two together and you you know find a correlation so if somebody goes in a procession and somebody throws a stone at the procession and the that person's property is demolished which is what we've actually seen happen recently in mea Road in Mumbai right right so then you say that well the trigger for that was this incident all right yeah now how did the state come to know overnight that this was an encroachment or this was illegal construction did they know it if they knew it why were they silent okay the law of the land requires that before you demolish something you must issue notice yeah all right that person may say all right I'm sorry I made a mistake I'll demolish it myself you know you don't have to take the trouble of sending a bulldozer I'll do it myself but that's not happening you know that's why this expression bulldozer justice so that's the point is that politicians are being voted back into government on the basis of among other things this program right so you have Chief ministers who actually wear this approach as a badge of uh honor because they see it as an example of how tough and effective they are at containing Law and Order problems and the truth is that there are many many voters who agree with this yes yes what does that make you feel as a judge well you know it's it's it's a rule of law issue yeah you know uh the rule of law is being bypassed is that good okay if the majority of uh the people in the country feel that the rule of law should be bypassed we're heading for Anarchy what do you feel because it's now a very mainstreamed instrument yeah of State response yeah well it's it's not something that's happening on a daily basis no not a daily basis but it's not unusual it's not rare anymore yeah but that that's wrong and I think the Supreme Court or the courts in the states the high courts should step in you know uh we have uh all the Constitutional courts that that is the high courts and the Supreme Court do you believe the court should step in suot yes yes I was just going to C to that yeah we have elaborate yeah we have this suot jurisdiction of the courts so you believe the courts maybe the high courts of the particular State any particular state where this is happening should on their own step in and stop bulldozers as an instrument of State response to alleged crimes yeah you see uh take the particular State say State a yeah all right uh there have been two or three or four in instances of bulldo Justice yeah I think the the the court the high court of that state a can Su Moto say that listen this thing has happened you know 2 three four times why has it happened you know we'd like to know you know because if you're going to do it again there's going to be a problem so let's have a look into this and and you tell us what happened and why did it happen and are you surprised that no court has thought of doing this well I I'm disappointed not surprised but I'm disappointed yes and you believe that if this becomes a larger phenomena you actually think that we're basically it's subverting principles of natural Justice yeah principles of natural Justice and the rule of law

Channel: Mojo Story

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Keywords: barkha dutt, mojo story, latest news in english, latest news, judicial activism, case law, wb tet 2022, 50th supreme court cheif justice, new law of supreme court, ayodhya ram mandir supreme court judgement, supreme court judgement on sc st reservation, obc, modi obc, dy chandrachud, supreme court on reservation, election commission of india, barkha dutt podcast, yogi adityanath, bulldozer justice, bulldozer raj, bulldozer baba jindabad, uttar pradesh, illegal encroachments

Id: Cm4uqipWEtA

Length: 6min 40sec (400 seconds)

Published: Thu Feb 08 2024