The bench of Justice LN Rao and Justice BR Gavai took Jamiat’s lawyer Dushyant seriously. daveIt is alleged that despite the status quo order of the CJI-led bench, the officials continued the operation for nearly two hours on Wednesday. “We will deal with that issue later,” it said and asked the North Corporation and Delhi Police to file their reply affidavits, posting further hearings after two weeks.
Senior advocate Kapil excited by the relief in Jahangirpuri area SiblaAlso appearing for Jamiat, requested the court to order status quo on the use of bulldozers against commercial and residential properties of Muslims – who are accused in cases related to heinous crimes, communal riots or stone pelting on Hindu processions – UP , Madhya Pradesh and Gujarat.
Sibal said that the Supreme Court should send a strong message to the country and the world that ‘rule of law’ is alive and well in India. “This country cannot be governed by the whims of a political party,” he said and urged the court to protect the properties of accused persons, who are innocent till proven guilty in a court of law.
The bench refused and said, “We are not going to put a stay on the demolition drive against illegal structures and encroachments across the country.” Sibal requested the court to direct the states to at least stop using bulldozers. “There is always a need for bulldozers to demolish illegal structures,” the bench said.
Senior advocates – Dave, Sibal and Sanjay Hegde (for the Jahangirpuri incident), and PV Surendranath (for Vrinda Karat) – repeatedly told the Supreme Court that they were not politicizing the issue, but alleged that Delhi The demolition drive was launched after BJP chief Adesh Gupta. A letter has been written to the North Corporation to break the illegal structures. Surendranath claimed that the demolition drive was called off only after Karat’s intervention.
solicitor General MehtaAppearing for the North Corporation and Delhi Police, said: “This happens when an organization like Jamiat files a PIL to communalise the ongoing campaign to remove encroachments and obstructions on public roads and footpaths. Once the organization succeeds in communalising the routine. Campaign against encroachment, the entire political circle jumps in to profit.”
“Didn’t any Hindu property get bulldozed on Wednesday?” Asked the bench, even Mehta said, “It is an ongoing demolition drive since January 19. One cannot raise a finger that a particular encroachment was removed just because the encroacher belongs to a particular community.” Was or took part in communal riots.”
Mehta said that prior notices were issued to the owner of every illegal structure facing demolition. “That is why not a single person has come before the Supreme Court or approached the Delhi High Court. Because they know that they have to establish with documents that their structure is legal. SC and HC have repeatedly held That the removal of encroachments on the road and footpaths does not require any prior notice and the law provides that kiosks, benches and chairs illegally installed on footpaths and roads shall be confiscated.”
The bench asked, “Was the North DMC only removing chairs and benches from footpaths? If so, why did they need a bulldozer?” Mehta said, “The demolition drive against illegal structures on public land and removal of encroachments on public roads and footpaths is an ongoing exercise which was carried out strictly as per law. The campaign started on January 19 and on February 2, was done. April 17 and 11. The fifth phase was scheduled for April 20. Hence, the allegation that it targets one community is a lie.”
The SG said similar lies were spread related to a demolition drive in Madhya Pradesh’s Khargone to give it a communal colour. “There were prior notices in 2021, hearings were held in 2021 and orders for removal of encroachments and illegal structures were passed. The government was only following the orders irrespective of the religion of the owner,” he said.
“Of the 100-odd properties that faced demolition in Khargone, 88 were of Hindus and 26 of Muslims. The government does not discriminate between communities. It runs by the rule of law. There is a pattern that a particular organization will file a The PIL in the Supreme Court is attempting to communalise the issue. Thereafter, the entire political spectrum will join the bandwagon to cry the wolf. The petitioner and the political party gain political mileage by communalising a routine campaign against illegal structures Trying to get out,” Mehta said.