The Supreme Court on Tuesday said that public safety is paramount and any religious structure encroaching, must go. The top court reserved order on the issue of framing pan-India guidelines relating to demolition drive while extending interim order for not demolishing any property without permission, till further orders.
The bench of Justice BR Gavai and Justice KV Viswanathan was hearing petitions challenging bulldozer action against people accused of crimes. It also affirmed that public safety is at the top of priorities.
“Whether it be temple or dargah, it has to go. Public safety is paramount,” the top court said. The SC made it clear that the violation of its guidelines will amount to contempt of court.
“We are a secular country and our directions will be for all irrespective of religion or community. Of course for encroachments we have said if it is on public road or footpath or water body or railway line area, we have clarified. If there is any religious structure on the middle of the road be it gurudwara or dargah or temple, it cannot obstruct the public,” the Court observed.
In many places, there have been mass protests against illegal masjids and dargahs, forcing the authorities to act against such illegal structures.
On September 17, the Supreme Court of India had stopped bulldozer demolition across India until October 1 saying that it would formulate directives on when and how properties can be demolished under the municipal laws of the land.
Justice Gavai also noted that municipal and panchayat laws must be adhered to and suggested implementing an online portal to ensure transparency.
“There should also be an online portal so people are aware; once you digitize it, there is a record,” he remarked.
The Court suggested the use of the online portal to inform individuals affected by proposed demolitions and recommended videography of the demolition actions.
The court was hearing petitions challenging the recent trend of bulldozer justice, where state authorities have resorted to the demolition of properties of individuals accused of crimes. Solicitor General Tushar Mehta, representing the states of Uttar Pradesh, Gujarat, and Madhya Pradesh, clarified that being accused of a crime regardless of its severity did not justify bulldozer actions against individuals.
“No, 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.” Mehta stated.
