“Public Safety Must Prevail Over Temples and Dargahs…”: Supreme Court Calls for Uniformity in Bulldozer action, Irrespective of Religion

The Supreme Court Tuesday stated that public safety must take precedence over religious structures that encroach on public roads, waterways, or railway tracks. The apex court while hearing petitions challenging the use of bulldozer to raze down properties linked to allged criminals noted that India is a secular country and it mandates that the government's anti-encroachment actions be applied consistently across all communities, irrespective of religious affiliation.

The two-judge bench comprising Justice BR Gavai and Justice KV Viswanathan was hearing petitions challenging the use of bulldozers against properties linked to alleged criminals. “Whether it be temple, dargah, it has to go... public safety is paramount,” said Justice Gavai. "For unauthorised construction, there has to be one law, it is not dependent on religion or faith or beliefs,” he added.

The practice of demolishing structures associated with individuals accused of crimes has gained traction in several states; many have raised alarm over potential biases against specific communities. "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,” said Solicitor General Tushar Mehta, representing the states of Uttar Pradesh, Gujarat, and Madhya Pradesh.

On September 17, while reviewing multiple petitions concerning bulldozer actions, the Supreme Court issued an interim order prohibiting any property demolitions nationwide without its approval until October 1. However, this directive does not extend to encroachments on public roads, footpaths, or railway lines. The court indicated that it would soon outline specific guidelines regarding the circumstances under which properties may be demolished in accordance with municipal laws.​