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The Supreme Court of India has unequivocally declared that public safety is paramount and no religious structure, irrespective of its affiliation, can be permitted to obstruct public spaces like roads, water bodies, or railway tracks. This landmark ruling was delivered amidst ongoing controversy surrounding the use of bulldozers to demolish structures allegedly involved in criminal activities, often termed 'bulldozer justice'. The Court emphasized that India is a secular nation and its directives regarding demolition actions will apply equally to all citizens, regardless of their religious beliefs.
The Court's stance was articulated during the hearing of petitions challenging the use of bulldozers against individuals accused of crimes. The Solicitor General, representing Uttar Pradesh, Gujarat, and Madhya Pradesh, asserted that the bulldozer action was solely directed at illegal structures and not individuals accused of crimes. He clarified that a notice must be issued in advance, adhering to municipal regulations, before any demolition takes place. The Court acknowledged the existence of different laws governing municipal corporations and panchayats and recommended the creation of an online portal for transparency and public awareness.
The Solicitor General expressed concerns about potential allegations of targeting a specific community. However, the Court emphatically stated that its directives are applicable universally, transcending religious or communal boundaries. The Court clarified that any religious structure obstructing public access, be it a Gurudwara, Dargah, or Temple, must be removed to ensure the safety and well-being of the public. Justice Gavai further emphasized that there should be a single law governing unauthorized construction, eliminating any bias based on religion or faith.
The Court addressed the contentious issue of bulldozer action as a crime-fighting tool. It definitively ruled that an individual's accusation in a crime cannot be a justification for property demolition. Such actions are permissible only in cases of violations of civic rules and regulations. The Court acknowledged that the number of instances involving bulldozer action against minorities is significant, prompting the Solicitor General to assure the Court that such actions are minimal. The Court's ruling aims to establish a clear framework for addressing encroachment and unauthorized construction, ensuring fairness and upholding the principle of secularism.
Source: "Temple Or Dargah, No Religious Structure Can Obstruct Public": Top Court