Manas Dasgupta
NEW DELHI, Oct 1: The Supreme Court on Tuesday gave blanket permission for the demolition of any religious structure encroaching up road, water bodies or railway tracks but gave a strong “no” in carrying out any demolition only as a punishment for crime.
A bench of Justices BR Gavai and KV Viswanathan said the public safety was of paramount importance and any religious structure obstructing public safety must go. Emphasising that India was a secular country, the court said its directions for bulldozer action and anti-encroachment drives would be for all citizens, irrespective of their religion.
The bench was hearing petitions challenging bulldozer action against people accused of crimes. The trend, which has caught on in several states, is often referred to as ‘bulldozer justice’. The state authorities have, in the past, maintained that only illegal structures were demolished in such cases.
Solicitor General Tushar Mehta who appeared for three states — Uttar Pradesh, Madhya Pradesh and Gujarat, also agreed that a criminal offence could not be a ground for bulldozer action. Asked by the bench Mr Mehta replied, “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. One of the concerns was that notice has to be issued… most municipal laws, depending on the subject matter they are dealing with, have provisions for issuance of notice. Your Lordships may read that a notice be issued via registered post.”
The bench said there were different laws for municipal corporations and panchayats. “There should also be an online portal so people are aware, once you digitise it there is a record.” The Solicitor General then said he was worried that the court was issuing directions based on a few instances alleging that one community was being targeted.
“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.
Justice Gavai said, “For unauthorised construction, there has to be one law, it is not dependent on religion or faith or beliefs.” Senior Advocate CU Singh, appearing for one of the petitioners, said his only point was that bulldozer action not be used as a crime-fighting measure.
Mr Mehta said bulldozer action against minorities would be “far and few between.” But the bench disagreed, “It is not some or two persons, the figure is 4.45 lakh.” The court said it would make clear that being accused in a crime cannot be the basis for the demolition of property and it can only be done in cases of violation of civic rules. The court has extended the interim pause on demolitions carried out without its permission. Earlier on September 17, the top court bench had said there would be no demolition of properties, including of those accused of crime, till October 1 without its permission.