Public safety is paramount and any religious structure encroaching upon a road, water bodies, or rail tracks must go, the Supreme Court said today. The court stressed that India is a secular country and its directions for bulldozer action and anti-encroachment drives will be for all citizens, irrespective of the religion they follow.

The bench of Justice BR Gavai and Justice KV Viswanathan 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 maintained that only illegal construction is demolished in such cases.

Solicitor General Tushar Mehta appeared for three states — Uttar Pradesh, Gujarat and Madhya Pradesh. Asked if being accused in a criminal case can be a ground for facing bulldozer action, 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.

The bench said there are 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… 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 Vrinda Grover appears for UN Rapporteur and makes arguments on housing availability. The Solicitor General objected. “I know for whom they are, we don’t want this to internationalise. Our Constitutional courts are powerful enough and our government is assisting non-adversarialy. We don’t need an international agency to come in,” he said.

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 will be “far and few between”. The bench responded, “It is not some or two persons, the figure is 4.45 lakh.”

The situation along the Line of Actual Control (LAC) with China is “stable but not normal,” according to Indian Army Chief General Upendra Dwivedi. Speaking at the Chanakya Defence Dialogue, Gen Dwivedi said the current state of affairs remains “sensitive,” and India is fully prepared for any contingency.

General Dwivedi explained that India aims to restore the situation to its pre-2020 status, prior to the military standoff that began in May 2020. This would involve returning to the conditions that existed in terms of ground occupation, buffer zones, and patrols. He said that until this restoration is achieved, the situation will continue to be sensitive.

“The situation is stable, but it is not normal and it’s sensitive. If that be the case what are we wanting? We want that the situation that was there pre-April 2020 should be restored,” General Dwivedi said. “With China, you must compete, cooperate, coexist, confront, and contest. So until that situation is restored, as far as we are concerned, the situation will remain sensitive and we are fully operationally prepared to face any kind of contingency. Trust has become the biggest casualty.”

General Dwivedi said that despite ongoing diplomatic talks, the execution of any agreements depends on military commanders on the ground. Although there is “positive signalling” from diplomatic talks, full disengagement has not been accomplished.

“The positive signalling is coming from the diplomatic side, but what we need to understand (is that) the diplomatic side gives options and possibilities,” he said. But when it comes to the execution on the ground, when it relates to ground per se; it is dependent on the military commanders on both sides to take those decisions.”

Clashes between India and China began in Ladakh’s Galwan Valley in June 2020 marking a turning point and deteriorating ties between the two countries. Despite 21 rounds of Corps Commander-level talks, critical friction points in eastern Ladakh, such as Depsang and Demchok, remain unresolved.