The Supreme Court  said that public safety is of prime importance and any religious structure encroaching upon a road, water bodies, or rail tracks must go. The court further emphasised that India is a secular country and its directions for bulldozer action and anti-encroachment drives will be for all citizens, irrespective of the religion they follow.

What Did The SC Say?

The bench headed by Justice Bhushan Ramkrishna Gavai and Justice KV Viswanathan was hearing petitions challenging bulldozer action against people accused of crimes. However, State authorities said that only illegal constructions are demolished in cases where a person is accused of crime.

The court said, “Whether it be temple or dargah, it has to go. Public safety is paramount.”

Bulldozer action carrying demolition against people accused of crime has become popular now. This action has raised concern about targeted demolition against a particular community or religion.

The court added,“We are a secular country and our directions will be for all, irrespective of religion or community. Of course, for encroachment we have said… if it is on a public road, footpath, water body or railway line area, it has to go, public safety is paramount. If there is any religious structure in the middle of the road, be it Gurudwara or Dargah or Temple, it cannot obstruct public.”

Solicitor General Tushar Mehta represented Uttar Pradesh, Madhya Pradesh and Gujarat. Mehta said that bulldozer action against any criminal is not justified. He also stressed on advance notification to ensure fairness. “Absolutely not, even for heinous crimes like rape or terrorism. Like my lord said it cannot also be that the notice issued is stuck one day before, it has to be in advance,” said Mehta.

Supreme Court on 17 September had passed an interim order saying that no demolition of properties, including those of accused in crime shouldn’t take place till October 1, without its permission.