In an important decision, the Supreme Court stated that public safety is more important than keeping religious structures that block roads, railways, or water bodies. The court reinforced India’s secular foundation, clarifying that its guidelines on bulldozer actions and anti-encroachment operations would be applied uniformly to all citizens, regardless of their religious affiliation.
The Supreme Court on Tuesday heard the petition against bulldozer action and said that it will lay down guidelines for all citizens on the issue of demolition of properties. The apex court has reserved its verdict.
This observation came from a bench consisting of Justices BR Gavai and KV Viswanathan, during a hearing related to petitions questioning the use of bulldozers against those accused of criminal activity. Justice Gavai stated, “Whether it be temple, dargah, it has to go… public safety is paramount.”
“We are a secular country and our direction will be for all, irrespective of religion or community. If there is any religious structure in the middle of the road, be it gurdwara or dargah or temple, it cannot obstruct the public,” the two-judge bench of the Supreme Court said.
Recently, many states have adopted a strategy of demolishing structures connected to individuals accused of crimes. However, this practice has raised concerns about potential bias, with fears that it might unfairly target specific communities or religious groups.
Representing Uttar Pradesh, Gujarat, and Madhya Pradesh, Solicitor General Tushar Mehta clarified that merely being accused of a crime—even serious offences such as rape or terrorism—does not justify bulldozer demolitions. He emphasised that fairness must be upheld, with proper notice issued through registered post before any action is taken.
“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,” the Solicitor General said.
The court has extended its September 17 order prohibiting the use of bulldozers by States to demolish the property of an accused in a criminal case without permission of this court until the judgment is delivered.
The court ordered all demolition activities across the country to be paused until October 1 unless the structures in question occupied public spaces like roads or water bodies. The Supreme Court also plans to issue detailed guidelines on how demolitions should proceed under existing municipal laws.
