The Supreme Court on Tuesday said that whether it is a temple or a dargah, religious structures encroaching on roads, railway tracks and water bodies must be demolished as they threaten public safety.
A two-judge bench was hearing petitions challenging bulldozer justice against people accused of crimes, a practice that has become prevalent across India in the recent past. While highlighting India’s secular status, the court said that its directive on bulldozer action is not limited to any particular religion but applies to all citizens, regardless of their faith.
“Whatever directions we issue will be for pan India and apply to all equally. We are a secular country. If there is any religious structure in the middle of the road, be it gurudwara or dargah or temple, it cannot obstruct the public,” Justice BR Gavai said.
Last month, the apex court passed an interim order where it stated that no demolition should be carried out without its permission till October 1, barring buildings constructed illegally in public spaces.
‘Law must be applied to everyone’
The court noted that the razing of structures becomes problematic when they are carried out against individuals accused of committing crimes.
“If there are two structures in violation and action is taken only against 1…and you find in the background there is a criminal offence, then what? Some solution has to be found for that…some judicial oversight,” the court observed.
It added unauthorised constructions must be demolished under one law that is free of targeting one particular community.
The court emphasized that simply having accusations in a criminal case, or even being convicted, is not sufficient reason to justify the demolition of their homes.
Pan-India guidelines for demolition to be formed soon
The court has said that it will prepare a pan-India guideline that stakeholders would be required to follow while carrying out demolition.
The guidelines will be prepared in line with suggestions received from the petitioners.
The bench also underscored that demolitions should be carried out under “judicial oversight” and said that a notice must be sent to the owner of the structure at their registered postal address.
The court also stated that there should be a period between the final demolition order and its execution, allowing those impacted to make alternative arrangements.
With inputs from LiveLaw
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‘Be it temple or dargah, illegal structures must go’: SC on bulldozer action
