The Supreme Court made a big comment during the hearing on the bulldozer action on Wednesday (13 November 2024). The court said that government power should not be misused. The judge is reading the verdict. Justice Gavai cited a poem by poet Pradeep and said that home is a dream, which should never be broken. The judge further said that the punishment for crime cannot be to demolish the house. The accusation of crime or being guilty is not the basis for demolishing the house.
During the hearing, the judge said, "We heard all the arguments. Considered democratic principles. Considered the principles of justice. Considering the principles laid down in decisions like Indira Gandhi vs Rajnarayan, Justice Puttaswamy. It is the responsibility of the government to maintain the rule of law, but at the same time protection of civil rights is necessary in constitutional democracy."
'The Constitution also gives some rights to the accused of crime'
The judge further said that people should realize that their rights cannot be taken away just like that. Government power cannot be misused. We considered whether we should issue guidelines. No one can be punished by demolishing a house without trial. We conclude that if the administration demolishes a house arbitrarily, then the officials will have to be held accountable for it. The constitution also gives some rights to the accused of a crime. No one can be considered guilty without a trial.
'The administration cannot become a judge'
The judge said during the hearing, that one way could be that people get compensation. At the same time, the officials who took illegal action should also be punished. The principle of natural justice should be followed. Houses cannot be demolished without giving anyone a chance to present their side. The administration cannot become a judge. Houses cannot be demolished by holding someone guilty. The principle of might was right cannot work in the country. It is the court's job to give punishment for a crime. The death sentence given by the lower court can also be implemented only when the High Court confirms it. Under Article 21 (right to life), having a roof over the head is also a right.
There is no harm to the common Muslims from the Waqf Amendment Act, rather it will be beneficial.
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