The Supreme Court on Tuesday said that public safety is paramount and any religious structure encroaching upon a road, water bodies, or rail tracks must go. The court further stressed that India is a secular country and its directions for bulldozer action and anti-encroachment drives will be for all citizens, irrespective of the religion they follow.
“Whether it be temple or dargah, it has to go. Public safety is paramount,” the top court bench headed by Justice BR Gavai and Justice KV Viswanathan was hearing petitions challenging bulldozer action against people accused of crimes. While the state authorities using bulldozer action on the accused have maintained that only illegal constructions are being demolished in such cases.
Solicitor General Tushar Mehta represented three states in the matter — Uttar Pradesh, Gujarat and Madhya Pradesh.
“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 public,” the court said.
The apex court during the hearing questioned Mehta if being accused in a criminal case can be a ground for facing bulldozer action, the Solicitor General said, “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.”
Earlier on September 17, the top court bench had said there will be no demolition of properties, including of those accused of crime, till October 1 without its permission.
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