• Source:JND
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Bulldozer Action Row: Former Chief Justice of India (CJI) BR Gavai, who recently retired from the head of the top court, said if a bulldozer action is taken without proper procedures, the government will have to reconstruct it and recover the amount from the guilty persons.

"We had given a liberty to the citizens to knock the doors of the High Courts wherever there was a violation and we had also expected that wherever such grievances were brought to the notice of the court, we had laid down stringent measures that the person who is indulging in violation of the orders of the court, would be guilty for the contempt of the court," he said while speaking to the news agency ANI.

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We had also directed that if such demolished houses, after following the proper procedures, are found to be illegally demolished, then the government will have to reconstruct it and recover the amount from the persons who are guilty, he explained. 

Judicial Activism Should Not Turn Into Judicial Terrorism: Gavai

There are limits within which judicial activism should act, Gavai said, adding that, as I always say, judicial activism should not turn into judicial terrorism. Ultimately, our Constitution believes in the separation of power between the legislature, executive and the judiciary, he highlighted.

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"On many occasions, citizens, on account of their socio-economic handicaps, are not in a position to directly approach the court for redressal of their grievance, for protection of their rights. So, in such a situation, permitting a person to approach the court on their behalf is, in a way, fulfilling our promise of economic and social justice to the last citizen of this country. But there are limits within which judicial activism should act. As I always say, judicial activism should not turn into judicial terrorism. Ultimately, our Constitution believes in the separation of power between the legislature, executive and the judiciary," he said as the interview coincided with the Constitutional Day.
Like we did in the demolition judgment or the bulldozer justice, when we found that the executive was acting in excess, when we found that the executive was acting as a judge merely because a citizen was found to be involved in a criminal act, his houses were demolished, this would amount to not only violating his rights or the rights of inmates of the house but also like taking law into hands, the former CJI said.

When asked if he ever faced any pressure from the executive or politicians, he replied, "No, genuinely no.."

(With ANI inputs)

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