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SC Rejects NFIW Plea on Demolition Drives, Citing Pandora’s Box Concern

Court Reaffirms Limitations on Judicial Intervention; Upholds Safety and Lawful Enforcement

The Mooknayak English

New Delhi — The Supreme Court of India on Thursday declined to hear a plea by the National Federation of Indian Women (NFIW) challenging recent demolition drives, emphasizing its reluctance to "open a Pandora's box." The bench, consisting of Justices BR Gavai, PK Mishra, and KV Viswanathan, stated that only individuals directly impacted by demolitions should seek judicial recourse.

NFIW’s counsel argued that despite the Supreme Court’s prior stay on unauthorized demolitions, recent incidents in states like Uttar Pradesh, Uttarakhand, and Rajasthan were conducted without judicial approval. However, the bench was unmoved, reiterating that NFIW could not intervene as it was not directly affected by the demolitions.

The plea stems from the court’s earlier directive on October 1, which extended a stay on demolitions lacking court authorization while pan-India guidelines on demolition drives are established. The interim stay, however, excludes unauthorized constructions on roads, footpaths, or public spaces—including religious structures like temples, mosques, or dargahs.

Public safety, the court underscored, must override religious considerations, with all structures required to comply with municipal laws. The bench also warned against using demolitions as a punitive measure, particularly targeting vulnerable groups or minorities, calling for consistency in enforcement and a measured approach until broader guidelines are in place.

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