Today, On 1st October, The Supreme Court emphasized that no religious structure, whether a temple or dargah, can obstruct public spaces. It reaffirmed that India is a secular nation and that its orders for bulldozer action and anti-encroachment drives apply equally to all citizens. The court stressed the need to uphold public rights over encroachments. Its ruling reinforces impartiality in maintaining public order.
New Delhi:The Supreme Court today affirmed that public safety is paramount, stating that any religious structure encroaching on roads, water bodies, or railway tracks must be removed.
Stressing that India is a secular nation, the court emphasized that its orders regarding bulldozer actions and anti-encroachment drives apply to all citizens, regardless of their religion.
A bench of Justice BR Gavai and Justice KV Viswanathan was hearing petitions against the use of bulldozers on properties of individuals accused of crimes, a practice often referred to as ‘bulldozer justice’ in several states. State authorities have maintained that only illegal constructions are targeted.
Solicitor General Tushar Mehta, representing Uttar Pradesh, Gujarat, and Madhya Pradesh, clarified that being accused of a crime, even serious offenses like rape or terrorism, cannot justify bulldozer action.
He added,
“No, absolutely not… it also cannot be that the notice is issued just a day before; it must be given in advance.”
The bench highlighted that different laws apply to municipal corporations and panchayats, suggesting,
“There should also be an online portal so people are aware. Once you digitize it, there is a record.”
Solicitor General Tushar Mehta expressed concern that the court might be issuing directions based on a few instances where it was alleged that one community was being targeted.
The court responded firmly, stating,
“We are a secular country, and our directions will apply to all, irrespective of religion or community. For encroachments, we have clearly stated… if it is on a public road, footpath, water body, or railway line… If any religious structure, whether a gurdwara, dargah, or temple, obstructs the public, it cannot remain.”
Justice BR Gavai added,
“For unauthorized construction, there must be one law. It should not depend on religion, faith, or beliefs.”
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