New Delhi: The Supreme Court on Monday, May 9, refused to entertain a plea filed by the Communist Party of India (Marxist) against the demolition drive in Shaheen Bagh, saying it cannot interfere with the administration’s “anti-encroachment drive” at the behest of a political party.On the day of the hearing, the Shaheen Bagh area saw pitched protests as bulldozers arrived at the scene. Protesters raised slogans against the Bharatiya Janata Party-ruled South Delhi Municipal Corporation (SDMC) as well as the Union government and demanded that such a drive be stopped.Aam Aadmi Party MLA from Okhla Amanatullah Khan and leaders of the Congress party also joined the protest. “They are making this political, making it Hindu-Muslim,” Khan told The Wire at Shaheen Bagh. A bench of Justices L. Nageswara Rao and B.R. Gavai asked the party 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 bench said.The top court said if hawkers were encroaching, then they will be removed.It repeated that in case there was violation of law by authorities, the petitioner could go to the high court.When senior advocate P. Surendranath, appearing for the CPI(M), referred to the apex court’s recent orders on Jahangirpuri where the demolition drive was stayed, the bench asked the affected parties to come.In April, the Supreme Court had said it will take a “serious view” of the fact that demolition took place in the Jahangirpuri area on April 20, even after information on its ‘status quo’ order was given to the mayor.“We have not given license to anybody to come here to say my house cannot be demolished even if it is unauthorised. You cannot take shelter of that order. We cannot interfere…that too at the instance of political parties,” the bench said.Solicitor General Tushar Mehta claimed that facts are being misrepresented and that houses were not being demolished, according to LiveLaw.“This is a process which has been going on for long, a routine exercise after serving notice,” he said.The matter was eventually dismissed as withdrawn with liberty to approach the Delhi high court.Agreeing to withdraw the petition and approach the high court, Surendranath asked that the demolitions be stayed for two weeks, to which Supreme Court said, “Not at your behest. You mention tomorrow in HC. Mr Solicitor General please don’t do anything till tomorrow.”(With PTI inputs)
