'Temple Or Dargah, Public Safety Paramount': Supreme Court Stay On 'Bulldozer Action' To Continue

The Supreme Court said that public safety is paramount and be it a Temple or a Dargah, any religious structure cannot obstruct public.

The Supreme Court on Tuesday reserved judgment and said that the interim stay on demolitions without court permission across the country shall continue till further orders. Earlier, the top court had stayed demolitions without court permission uptill October 1. 

The apex court today concluded hearing submissions on suggestions to lay down guidelines for carrying out demolitions across the country and orally remarked that public safety is paramount and be it a Temple or a Dargah, any religious structure cannot obstruct public. The top court said that it will issue directions that shall be applicable to all irrespective of religion.

"We are a secular country and our directions will be for all irrespective of religion or community. Ofcourse for encroachments we have said...if it is on public road or footpath or water body or railway line area we have clarified...If there is any religious structure on the middle of the road be it gurudwara or dargah or temple, it cannot obstruct public and public safety is paramount." the bench said while hearing the submissions.

Justice BR Gavai further said that for unauthorised constructions the action has to be on law, it is not dependent on religion or faith or beliefs. The top court said it will issue pan-India guidelines that shall be applicable to all. The bench said that in its guidelines it will clarify that demolitions can't be carried out merely because someone is an accused or a convict.

"We will clarify demolition can't be carried out merely because someone is an accused or convict. Also, consider, there should be a narrow window...even before orders for demolition are passed...Once an order is passed, you may protect them for 10-15 days...even if court entertains a grievance, question of stay will be decided within one month," the bench said.

The top cout further emphasised the need for a "judicial oversight" on demolitions carried out by local authorities.

The bench said that notice for demolition must be sent through a registered post to the actual owner. It further suggested that notices and orders could be uploaded on an online portal to ensure more transparency.

The top court said that there should be a window of time between the final demolition order and its implementation so that the affected persons can make alternative arrangements.