Demolition drive triggers protests in Shaheen Bagh
Supreme Court refused to entertain a plea challenging the demolition drive in Shaheen Bagh by the South Delhi Municipal Corporation; Centre tells SC it will re-examine sedition law
Hundreds of people shouting slogans against the Bharatiya Janata Party (Bjp)-controlled South Delhi Municipal Corporation (SDMC) and the central government took to the streets in Shaheen Bagh on Monday when municipal officials arrived there with bulldozers for an anti-encroachment drive.
They demanded an immediate halt to the action even as the Communist Party of India (Marxist) or CPI(M) moved the Supreme Court against it.
The Supreme Court on Monday refused to entertain a plea challenging the demolition drive in Shaheen Bagh by the South Delhi Municipal Corporation.
A bench of Justices L. Nageswara Rao and B.R. Gavai asked senior advocate P.V. Surendranath to approach the high court against the demolition drive.
“We need to balance interests... but not when encroachments are being removed. Go to the high court,” it said.
Solicitor General Tushar Mehta submited that some kind of misrepresentation is being made and it is a routine demolition drive carried out against encroachments.
As Surendranath insisted that the top court should hear the mater, the bench replied that the petitioner should move the high court, remarking: “This is too much...”
The bench noted that the municipal corporation is not carrying out the demolition drive against encroachments for the first time.
“We want to protect life, livelihood, but not like this,” it said.
Mehta pointed out that in 2020 and 2021, the Delhi High Court passed directions to remove encroachments on public roads.
At the outset, the bench queried: “Why is CPI-M filing a petition... if some aggrieved had come, we could have understood.” “Let the affected parties come to court...”
As Justice Gavai said what is the fundamental right violation under Article 32, Surendranath replied that it is in the public interest and not the party interest.
Justice Rao said: “Do not make this court a plaform and come on behalf of a political party.” Surendranath, however, maintained that no notice or breathing time was given before initiating the demolition drive and added they are demolishing buildings.
At this the bench replied: “We entertained Jahangirpuri since structures were brought down..” Surendranath asked why they are using bulldozers to remove encroachments, and added that the petitioner is a hawkers’ union.
“However, Justice Rao said hawkers are not in any building.
“We will not entertain this,” said the bench. The petitioner agreed to withdraw the petition.
“It is most respecfully submited that the political executive of Respondent No. 1 Municipal Corporation (SDMC) is maliciously indulging in a political game plan.
The entire action of the Respondent is absolutely and manifestly arbitrary and without following any due process of law,” said the plea filed by Delhi Pradesh Rehri Patri Khomcha Hawkers Union through its General Secretary.
The plea contended that without giving a proper show cause notice and giving breathing time to people residing/working in different areas of south Delhi, the respondents proposed to start demolition of buildings denying their precious constitutional rights and right to life.
“The authorities have not issued statutory notice to owners/occupants of the buildings to show cause why the buildings should not be demolished. No notice is issued to them as to how encroachment is made by the occupants/ owners of the buildings,” it added.
The Ministry of Home Affairs has told the Supreme Court that in spirit of the ‘Azadi Ka Amrit Mahotsav’ and the Prime Minister’s unequivocal views in favour of protection of civil liberties and to shed colonial baggage, the government has decided to re-examine and re-consider the sedition law.
The ministry in its affidavit said the Prime Minister of India has been cognizant of various views expressed on the subject and has also periodically, in various forums, expressed his clear and unequivocal views in favour of protection of civil liberties, respect for human rights and giving to the constitutionally cherished freedoms to the people of the country.