'Be it temple or dargah...': Supreme Court says structures encroaching on roads or railway tracks must be removed

The Supreme Court on Tuesday said that public safety is paramount and that any religious structure, whether a temple or dargah, encroaching on roads or railway tracks must be removed. The top court made this statement while hearing petitions challenging the use of bulldozers against individuals accused of crimes. It also extended its interim order, which bars demolitions across the country without prior judicial approval.

The two-judge bench said India is a secular nation and that its rulings on bulldozer action and anti-encroachment drives would apply on all, regardless of religion. "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 gurudwara or dargah or temple, it cannot obstruct the public," the court stated.

During the proceedings, the court questioned Solicitor General Tushar Mehta, representing the Uttar Pradesh, Gujarat, and Madhya Pradesh governments, on whether being accused of a crime could justify bulldozer action. Mehta responded, "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."

Last month, the apex court prohibited demolitions nationwide until October 1, except in cases involving encroachments on public roads, footpaths, railway lines, or water bodies. Several pleas, which have alleged that properties of those accused of crimes are being demolished in several states, are pending in the SC. 

While hearing these pleas on September 17, the top court had observed that even one instance of illegal demolition was against the "ethos" of the Constitution. "Till the next date of hearing, we direct that there shall be no demolition anywhere across the country, without seeking leave of this court," the bench had said. 

"We further clarify that our order would not be applicable if there is an unauthorised structure in any public place such as road, street, footpath, abutting railway line or any river body or water bodies and also, to cases where there is an order for demolition made by a court of law," the apex court had said. 

Hearing the petitions on September 2, the SC had questioned how can anybody's house be demolished just because he is an accused in a case. The court was hearing petitions filed by the Jamiat Ulama-i-Hind and others seeking directions to various states to ensure no further demolition of properties of those accused in cases of rioting and violence. 

The Muslim body had also filed a petition in the apex court seeking directions to the Uttar Pradesh government to ensure that no further demolition of properties of those accused of violence was carried out in the state. It had said no demolition should be carried out without following the due process of law and sans prior notice.

(With inputs from PTI)