The Supreme Court on Thursday extended the status quo until further order on the anti-encroachment drive in the violence-hit Jahangirpuri area and expressed displeasure against the NDMC Mayor for uprooting structures with the use of bulldozers even after the SC passed an order to stay it on Wednesday.
Issuing notice to Centre and others, bench of Justices L Nageswara Rao and BR Gavai asked the matter to be listed after two weeks and said it will take a serious view of the demolition which was carried out for more than two hours after the stay order was passed and communicated to the Mayor.
“Status quo to be maintained till further order...List after two weeks and pleadings to be completed till then,” the court said on the petition filed by Jamiat Ulama-i-Hind that claimed that buildings of the Muslim riots accused were razed.
Lawyers Dhusynat Dave, Kapil Sibal, Prashant Bhushan and CPI(M) leader Brinda Karat’s lawyer PV Surendranath informed the apex court that NDMC continued demolition for two hours even after the court’s order was communicated to Mayor.
“We will take a serious view of the demolition which was carried out even after the Supreme Court orders, even after NDMC Mayor was informed. We will take that up later,” the bench said.
Initiating the arguments, Dave, appearing for Jamiat Ulama-i-Hind, said this matter raises far-reaching questions of constitutional and national importance. The bench asked, “What is national importance in this matter? It is only pertaining to an area.”
Dave replied that this is going on everywhere wherever riots are taking place. “Is it an instrument of state policy to engage in fake encounters and now bulldozers, he asked? “They never did anything like this in 1984 and 2002 then why now. Delhi has an Act of 2011 which protected every illegal encroachment till December 2023. A particular section of society is being targeted. This is the warning constitutional framers gave us. I will read Sardar Patel and Dr B R Ambedkar on this. They spoke about this eventuality,” Dave said.
He said the Delhi Police registered an FIR against the VHP for carrying out procession despite their objection. “What happened there is a matter of inquiry by an appropriate judicial process but what you do is make large scale arrests from people of only one community and start bulldozing,” Dave said.
“This is not confined to Jahangirpuri. If we allow this, there will be no rule of law or democracy left,” Dave said, adding, “How can a BJP leader write a letter that you demolish and NDMC demolishes it? Delhi Municipality Act has provision for notice and there is provision for appeals too.”
Pointing out that there are 731 unauthorised colonies in Delhi with 50 lakh people, Dave said, “If you want to act against unauthorised constructions, you go to Sainik Farms. Come to Golf Links, where I stay and where every second home is an encroachment. You don’t want to touch them, but target the poor people.”
Senior advocate Kapil Sibal, also appearing for the Muslim body, said encroachment was a serious problem throughout India and it was increasingly being associated with Muslims.
“My plea is that such instances are happening in other states also. When processions are carried out and frictions occur, homes of only one community are bulldozed and the politics in power judges what happens or doesn’t happen.”
“Look at Madhya Pradesh where the Minister says if Muslims do such a thing they cannot expect justice. Who decides that? Who gave him that power? Somebody is in jail and his house was demolished,” Sibal said and sought a stay on demolition with a bulldozer.
The bench said, “We are not staying demolitions in this country. Demolitions are always with a bulldozer.”
Advocate Surendranath, appearing for CPI(M) leader Brinda Karat, said despite the court’s status quo order on Wednesday, the demolition drive was not stopped. “I informed my client and she (Karat) informed the authorities. They did not stop and it went on till 12:45 pm. She had to physically stand to stop the process,” Surendranath said.
Solicitor General Tushar Mehta clarified that the encroachment removal process in Jahangirpuri had begun in January this year. “This is what happens when an organisation comes here suddenly. I will show you instances when notice is not required and illegal structures were given notice. Traders have moved high court last year and the high court had itself ordered demolition,” Mehta said.
The SG said during a demolition drive held in Khargone, Madhya Pradesh last year, 88 affected parties were Hindus and 26 were Muslims. After hearing the parties, the bench ordered, “We want affidavits from the petitioner on the notices if served, and counter-affidavits, and till then, status quo order will continue.” Karat had moved the top court, saying the demolition did not stop even an hour after the SC ordered status quo.