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Guidelines regarding anti-encroachment and bulldozing operations apply equally to all citizens irrespective of religion
The Supreme Court on Tuesday, October 1 ruled that any religious building that encroaches on public roads, waterways and railroad tracks must be demolished, citing public safety as a top concern. According to the court, its guidelines on anti-encroachment and bulldozing operations apply equally to all citizens irrespective of religion, further strengthening India’s secular stance.
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The bench headed by Justice BR Gavai and Justice KV Viswanathan was dealing with petitions challenging the bulldozing of properties owned by people accused of committing crimes in what has come to be known as ‘bulldozer justice’. The trend continued in several states like Uttar Pradesh, Gujarat and Madhya Pradesh, which defended the process as action against illegal constructions.
Attorney General Tushar Mehta made it clear in the court that allegations of crimes, no matter how heinous they are, be it rape or terrorism, cannot form the basis of a bulldozer operation. "This must be announced in advance, according to the municipal laws," he said, playing down concerns about last-minute announcements issued before the demolitions.
The court reiterated that the rule of law should prevail, regardless of faith or belief, the court said, "For unauthorized construction, there should be one law. Public safety cannot be compromised, and religious buildings, be it a temple, guruwara or dargah, blocking roads or public spaces, must go," said the judge Gabai.
She also raised the question of the use of bulldozing as a punitive tool, saying that the demolitions would only be used in the case of civil violations. The demolition without court permission has been temporarily stayed, giving temporary respite to the victims of this dispute.
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source link https://guwahatiplus.com/india/sc-asserts-public-safety-religious-structures-encroaching-on-public-space-must-go
