Temple, dargah, or gurdwara: SC orders removal of structures harming safety

The Supreme Court said that India is a secular nation, and its orders regarding bulldozer operations and anti-encroachment initiatives will apply to all citizens, regardless of their religious beliefs

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The Supreme Court on Tuesday emphasised the paramount importance of public safety, stating that any religious structures encroaching on roads, water bodies, or railway tracks are subject to demolition. The apex court said that India is a secular nation, and its orders regarding bulldozer operations and anti-encroachment initiatives will apply to all citizens, regardless of their religious beliefs.

This statement came during the court's review of multiple petitions claiming that properties, including those belonging to individuals accused of crimes, were being demolished across various states. A bench led by Justices B R Gavai and K V Viswanathan had previously ruled on September 17 that no demolitions, including those related to individuals accused of crimes, could take place without its approval until October 1. They noted that even a single instance of unlawful demolition would contradict the "ethos" of the Constitution.

The top court reiterated that as a secular nation, its directives concerning bulldozer actions and anti-encroachment measures are intended for all citizens. Furthermore, the court clarified that homes cannot be demolished solely based on an individual’s status as an accused or convicted person.

Solicitor General Tushar Mehta, representing the states of Uttar Pradesh, Gujarat, and Madhya Pradesh, clarified that criminal allegations, even those involving serious offences like rape or terrorism, do not warrant bulldozer operations. He underscored the need for fairness, stressing that proper notice should be given via registered post to uphold due process.

The apex court stated, "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 the public."

Justice Gavai stated that demolition should not occur solely because an individual is an accused or a convict. He further noted the necessity of allowing a limited timeframe, suggesting that there should be a consideration period before any demolition orders are issued.

The Supreme Court on Monday issued a contempt notice to the Assam government in response to a petition from 47 residents who claimed the state had violated the court's directive prohibiting demolitions without prior approval from the court.

(With agency inputs)