SC stepped in to stop action
A BENCH HEADED BY CHIEF JUSTICE OF INDIA (CJI) NV RAMANA PASSED THE BRIEF ORDER AROUND 11AM
NEW DELHI: Hours after several bulldozers entered Delhi’s violence-hit Jahangirpuri on Tuesday and began tearing down alleged illegal constructions and encroachments in the area, the Supreme Court ordered a status quo on the demolition drive by the North Delhi Municipal Corporation, restraining authorities from proceeding further — although it took at least another 90 minutes for the local body to stop the demolition drive, citing non-receipt of any order from the top court.
A bench, headed by Chief Justice of India (CJI) NV Ramana, passed the brief order of status quo (to remain in existing condition) around 11am following an urgent plea by some lawyers, complaining against what they called an “unconstitutional and unauthorised demolition”.
Led by senior advocate Dushyant Dave, the lawyers implored the bench, which also included justices Krishna Murari and Hima Kohli, to interfere immediately in view of the ongoing drive as they stood before the court.
“This is a completely unconstitutional and unauthorised demolition drive, which is taking place in Jahangirpuri where violence took place recently. No notice was given to anyone and nobody was heard. We have moved an urgent plea,” Dave submitted before the bench as he argued for a petition filed by Jamiat Ulama-i-hind. He was supported by senior counsel Kapil Sibal, PV Surendranath and advocate Prashant Bhushan.
“Okay, we direct status quo. We will list it tomorrow,” responded the bench.
The drive follows events over the weekend, when police intervened to prevent a communal clash in the area from flaring up into a riot; 25 people have been arrested and two others apprehended over the incident in which several policemen were injured.
The municipal corporation has sought to separate the incidents, and said the drive was targeted at illegal encroachments. However, it does come against the background of similar drives in other states targeting people allegedly involved in riots -- and without following due process (such as an investigation being complete).
At this point, Sibal pointed out that he is appearing for Jamiat Ulama-i-hind in another petition, in which employment of bulldozers by several state governments to raze properties of those suspected of involvement in criminal activities has been challenged. “This is regarding the all-india ramification such actions have,” he added.
To this, the CJI replied: “We have already ordered a status quo in this case. We will also take up your case tomorrow.”
Merely an hour after the bench issued the oral order, Dave came back to the court again, complaining about non-compliance with the status quo order by the corporation and police authorities.
“Despite the order of this court, they are carrying on with demolition. Please, ask the secretary general of this court to communicate the court order to North Delhi Municipal Corporation Mayor and commissioner, and the police commissioner. Once it is widely reported in the media, this is not appropriate. We are a democratic society. This sends a wrong message,” rued Dave.
Accepting his request, the CJI then directed court registry officials to immediately communicate the court order to all appropriate authorities, including the mayor and the Delhi Police chief.
Jamiat Ulama-i-hind has filed two petitions in the top court on the contentious practice of using bulldozers to pull down residential and commercial properties of persons suspected to be involved in criminal incidents such as violence. Recently, such incidents have been reported from Bjpruled Uttar Pradesh and Madhya Pradesh where structures belonging to some accused were demolished using bulldozers.
The Islamist organisation filed its first petition last week when it said that resorting to such measures without following a due process is against the constitutional ethos and the criminal justice system, as also in violation of the rights of accused persons. It urged the Supreme Court to issue appropriate directions to the Union government and all states that demolition cannot be used as a punitive measure against persons purportedly involved in criminal incidents such as riots.
The second petition by Jamiat raised specifically the issue of anti-encroachment and demolition drive at Jahangirpuri merely four days after a communal violence in the area on the day of Hanuman Jayanti, left eight policemen and one civilian injured.
Both these petitions will be considered by the apex court on Thursday.