Temple, Dargah Or Gurudwara: Supreme Court Orders Removal Of Religious Structures Endangering 'Public Safety'

The Supreme Court on Tuesday stressed the importance of public safety, ordering the removal of any religious structures encroaching upon a road, water bodies, or railway tracks. It emphasised that, as a secular nation, anti-encroachment actions will apply equally to all citizens, regardless of their religion.
Supreme Court

Supreme Court

The Supreme Court emphasised today that public safety is paramount, stating that any religious structure encroaching upon a road, water bodies, or railway tracks must be removed. The court underscored that India is a secular nation, and its orders for bulldozer action and anti-encroachment measures will apply to all citizens, regardless of their religion.
The bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing petitions challenging the use of bulldozers against individuals accused of crimes. "Whether it be temple, dargah, it has to go...public safety is paramount," Justice Gavai said during the hearing.
The trend, referred to as 'bulldozer justice', has become popular in several states, who have now started demolishing structures linked to people accused of crimes. Observing that there can't be a different law for a particular religion, the bench said it will not protect any unauthorised constructions on public roads, government lands or forests.
Solicitor General Tushar Mehta, representing Uttar Pradesh, Gujarat, and Madhya Pradesh, clarified that criminal accusations, including serious crimes such as rape or terrorism, do not justify bulldozer action. He highlighted the importance of fairness, emphasising that prior notice should be provided through registered post to ensure due process.
"We are a secular country. We will lay down law for all not for a particular religion. All illegal constructions should go irrespective of the religion of owner. There is no Hindu illegal construction, Muslim illegal construction, " the bench said when SG Mehta said that "this Hindu-Muslim angle is not in good taste, the bench should not believe in these allegations".
Justice Gavai also said that 'demolition can't be carried out merely because someone is an accused or convict'. "Also, consider, there should be a narrow window...even before orders for demolition are passed," Gavai said.
Earlier on September 17, the apex court said, "there will be no demolition of properties, including of those accused of crime, till October 1 without its permission. A bench of Justices B R Gavai and K V Viswanathan clarified that its order will not be applicable to unauthorised structures on public roads, footpaths, railways lines or public places like water bodies etc.
“Stand over to October 1 at the request of the Solicitor General. However, we direct that till the next date, no demolition without seeking leave of this court,” the bench said.
“Even if there is one instance of an illegal demolition… it is against the ethos of our Constitution,” the top court observed while hearing pleas which alleged that properties of accused were being demolished in several states illegally.
The bench also referred to statements made after the September 2 hearing in the matter during which the apex court had said it proposes to lay down certain guidelines on the issue that would be enforceable across the country.
“After that order, there have been statements that the bulldozer will continue … and it all depends in whose hands the steering is,” the bench said, adding it was refraining from saying anything further on that.
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