Jahangirpuri: Shops, homes razed despite SC order, North MCD says 'clearing encroachment'

New Delhi: Dozens of shanties and shops were on Wednesday razed to the ground in Jahangirpuri here by the North Delhi Municipal Corporation, which continued demolishing "illegal encroachments" without notice for at least a couple of hours after the Supreme Court urgently heard and ordered authorities to maintain the status quo till it hears the matter on Thursday.

With Ram Navami riots across the country leading to states like Madhya Pradesh bulldozing homes of those accused of rioting, the Jahangirpuri violence here last week led to similar calls from the Delhi BJP chief, which materialised into an order by the North MCD for an anti-encroachment drive in the area which was days ago disrupted by communal clashes.

While the Jamiat Ulama-i-Hind had filed a plea to stop the bulldozing of Muslims' homes, the SC on Wednesday took note of it when Senior Advocate Dushyant Dave mentioned it in court, adding that municipal authorities were already razing homes in Jahangirpuri on Wednesday morning.

A bench headed by Chief Justice N V Ramana, which ordered maintaining of status quo concerning the demolition of buildings in the forenoon, had to again intervene after it was apprised that the authorities on the ground were disregarding the order and continuing with the demolition because they had not "officially" told of it.

"It will be too late otherwise," the senior lawyer said, urging urgent remedial action on the part of the top court.

The senior advocate said that the order of the Apex Court was widely reported by the media in the morning and still the authorities were not acting as per it. "I don't understand. We are in a rule of law society... I am feeling sad as it will send a terribly wrong message," Dave said.

Taking note of the submissions of Dave, the bench, also comprising Justices Krishna Murari and Hima Kohli, directed the Apex Court Secretary-General to convey its morning order to stop demolition to the North Delhi Municipal Corporation Mayor, Commissioner and the Delhi Police Commissioner immediately.

Even after this, reports showed that municipal authorities were continuing with their demolition activity. The North MCD has doubled down to justify its action, saying that it was a regular activity that did not require them to issue any notice to those living there. They have said they will defend their action in court and will continue with the activity if the court clears it.

But as shopkeepers and residents wept and pleaded with authorities to stop razing their livelihoods, sometimes even shouting out to them that the Supreme Court had ordered them to stop, the municipal officials aided by the heavy police presence continued their drive. At this point on Wednesday, CPI(M) leader Brinda Karat reached the spot with other Left leaders and stood in front of the bulldozer to get the authorities to stop the demolition and follow the Supreme Court order.

Meanwhile, in the Supreme Court, Senior Advocate Kapil Sibal, also appearing for the Muslim body, mentioned another petition against similar "bulldozer" action against those accused of riots in states like Madhya Pradesh and Uttar Pradesh.

The petition said the action like razing the house in a criminal proceeding as a punishment is unknown to criminal law.

Petitioners also seek a declaration that residential accommodations or any commercial property cannot be demolished as a punitive measure and also pray that police personnel be provided specialised training in handling communal riots and situations where populations become restive, it said.