Kolkata: The bulldozer justice, which is a new symbol of instant justice in many states of India now, is illegal and unconstitutional, claims Dr Sarfaraz Ahmed Khan, a professor at the National University of Juridical Sciences.
Dr Khan was speaking to eNewsroom, on the sidelines of the Constitution Day celebration function organized by the All India Milli Council’s West Bengal in Kolkata.
“We have seen many bulldozer justice-related cases. Is it legal? No, it is not legal. Everyone has the right to life and personal liberty and one can be deprived of it by procedure established by law. (Art 21). In BJP leader Maneka Gandhi case the Court held that procedure should be just, fair and reasonable,” he answered on the question that bulldozer justice is just opposite to Indian judiciary system but judiciary is not seen doing enough against this practice by many states.
“When something happens, you just go and bulldoze someone’s house, is it just, fair and reasonable procedure? According to me, it is a wrong procedure and illegal. These cases should go to court and victims should get compensation under the Right to Reprisal, the State must pay.
“Unfortunately, the judgment did not come in a day and it takes time. Still, we should get the way to get justice inside the constitution only.”
Earlier, Dr Khan spoke in detail about the importance of the Constitution in India and said to the audience about the fear of a large section of society that India’s Constitution can be changed, and made meaningless.
Listen to NUJS Professor Dr Sarfaraz Ahmed Khan
Article 368 gives power to the constituent assembly, under which with a two-third majority they can amend the Constitution.
“In 1973’s Kesavananda Bharati Judgment, the Supreme Court made it clear that the Constitution can be amended but could not be changed especially its basic structure,” the law professor informed.
The Supreme Court also defined the Basic Structure of it, he added.
On the occasion, Rafay Siddiqui, an executive member of the council, promised to make a team and reach out to educational institutions to make them aware of the Constitution.
Siddiqui also informed that on Minority Rights Day, the Milli Council will hold an event on December 18.
Umar Abedin, Secretary of AIMC, Telangana delivered his speech through video call. He mentioned that it was Prophet Muhammad, who gave the first constituion to the world. He also said, “India will not run through Mann Ki Baat but from the Constitution.”
The programme was also addressed by retired IPS Zahid-ur Rahman.
Milli Council’s other members including Shahud Alam, Mohammad Nooruddin and Gulam Mohammad remained present and addressed the audience.
The event was presided over by vice-president Md Shafique Qasmi.