Directives on anti-encroachment drives and bulldozer actions applicable equally to all citizens irrespective of religion
The Supreme Court on Tuesday, October 1 ruled that any religious structure invading public roads, water bodies, and railway tracks has to be demolished citing public safety as a paramount concern. According to the court, its directives on anti-encroachment drives and bulldozer actions are applicable equally to all citizens irrespective of religion, further buttressing India's secular posture.
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The bench headed by Justice BR Gavai and Justice KV Viswanathan was dealing with petitions challenging the bulldozing of properties owned by persons accused of committing crimes in what came to be referred to as 'bulldozer justice.' The trend has been followed in several states like Uttar Pradesh, Gujarat, and Madhya Pradesh, which have defended the process as an action against illegal structures.
Solicitor General Tushar Mehta clarified in court that charges of crimes, no matter how heinous they are, be it rape or terrorism, cannot be the basis for bulldozer action. "Notice must be given in advance, as per municipal laws," he said, diminishing the concerns over last-minute notices issued before demolitions.
Reiterating that the rule of law should prevail, irrespective of faith or belief, the court said, "For unauthorized construction, there has to be one law. Public safety cannot be compromised, and religious structures, be it a temple, gurudwara, or dargah, obstructing roads or public spaces, must go," said Justice Gavai.
It also raised the question of using bulldozer action as an instrument of punishment and said demolitions would be resorted only in the case of violation of civic offenses. The demolition without court permission has been kept on hold temporarily, which provides a temporary respite to the victims of this controversy.