SC refuses to hear CPI(M) plea against demolition drive in Shaheen Bagh, says 'go to the high court'

The Supreme Court, on Monday, refused to entertain a plea filed by CPI(M) against the demolition drive in Shaheen Bagh in the national capital. The court said that it cannot interfere with the anti-encroachment drive at the instance of a political party.

A bench of Justices L Nageswara Rao and B R Gavai asked Communist Party of India (Marxist) to approach the Delhi High Court.

“Why is CPI(M) filing a petition? What is the fundamental right that is being violated? Not at the behest of political parties. This is not the platform. You go to the high court,” the Supreme Court said.

The apex court bench further said, “We can understand if you go to the HC and the HC refuses to hear… but you don’t even go there and straightaway come to the Supreme Court.”

The top court also said that if hawkers are encroaching, they will be removed and in case there is any violation of law by authorities.

Solicitor General Tushar Mehta said the facts are being misrepresented. “This is a process which has been going on for long, a routine exercise after serving notice,” he said.

When senior advocate P Surendranath, appearing for the CPI(M), referred to the Supreme Court’s recent orders on Jahangirpuri where the demolition drive was stayed, the bench said let the affected parties come.

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“We have not given license to anybody to come here to say my house cannot be demolished even if it is unauthorized. You cannot take shelter of that order. We cannot interfere…that too at the instance of political parties,” the bench said.

After hearing the matter for a while, it was dismissed as withdrawn with liberty to approach the Delhi High Court.

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Earlier in the day, Shaheen Bagh and adjoining areas in Delhi witnessed massive protests as people opposed an anti-encroachment drive of the South Delhi Municipal Corporation (SDMC).

The agitation started after as bulldozers rolled into the area in the presence of a huge number of police personnel, including senior officers.

Leaders from the Aam Aadmi Party (AAP), Congress also reached the spot and joined the locals in the protest and they even staged dharna. The protest also caused heavy traffic snarls in Shaheen Bagh, Kalindi Kunj, Jaitpur, Sarita Vihar and Mathura Road among other areas.

The demolition drive could not be carried out due to protests which broke out in the area. Notably, Shaheen Bagh was the epicenter of anti-Citizenship (Amendment) Act (CAA) protests in 2019-20.

The anti-encroachment drive in Shaheen Bagh was earlier scheduled to be held on Friday but was cancelled due to the unavailability of adequate security force to man the area at the time of demolition of illegal properties in the area.

Meanwhile, locals in Shaheen Bagh claimed that there was no illegal encroachment on public land.

Shaheen Bagh is among the place in the SDMC 10-day action plan during which it will remove encroachment from several areas.

The anti-encroachment drives were planned in SDMC areas after Delhi BJP chief Adesh Gupta wrote to the party-ruled civic body’s mayor on 20 April to remove encroachment by “Rohingyas, Bangladeshis and anti-social elements”.

With inputs from PTI

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