New Delhi: The Supreme Court Monday refused to entertain a plea filed by CPI(M) against the demolition drive in Shaheen Bagh, saying 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 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 are encroaching, they will be removed and in case there is any violation of law by authorities, the petitioner can go to the High Court.
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 apex court's recent orders on Jahangirpuri where the demolition drive was stayed, the bench said let the affected parties come.
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After hearing the matter for some time, the matter was dismissed as withdrawn with liberty to approach the Delhi High Court.
Meanwhile, BJP-led SDMC encroachment drive in Shaheen Bagh was interrupted by protests by AAP leaders and residents of Shaheen Bagh on Monday. The drive was part of SDMC's 10-day long anti-illegal encroachment drive that started on 4 May.
SDMC officials claimed that there was no religious, cultural or political motivation behind the drive and it is part of the civic body's responsibilities to clear out any encroachment.
SDMC's central zone chairman Rajpal Singh said that the drive was planned out keeping only the welfare of Delhi in mind. SDMC was able to remove certain structures in Shaheen Bagh, however, Singh said that they plan to come back to remove any structures that were missed out due to the protests. He added that many people cleared out illegal structures beforehand, respecting SDMC's authority. Singh said: "AAP and Congress are politicising the matter, SDMC is only upholding the law while the other two parties are escalating the issue."
The demolition drive was halted after AAP leader and local MLA Amanatullah Khan along with local traders assured officials that all illegal structures will be removed.
The SDMC lodged a complaint with the police against the AAP MLA and his supporters for obstructing the drive, hours after state BJP chief Adesh Gupta asked the SDMC Mayor
to do so.
The Delhi Police has logded an FIR against Amanatullah Khan and his supporters in this regard. The FIR under IPC sections 186 (Obstructing public servant in discharge of public functions) and 353 (assaulting public servant) has been registered on the complaint of the SDMC.The action came after SDMC Mayor Mukesh Suryan wrote to the municipal commissioner to lodge an FIR against AAP MLA Khan and other leaders for obstructing the anti-encroachment drive.
Protests erupted in Shaheen Bagh with hundreds of people, including women, physically blocking bulldozers and forcing the local municipal authority to abandon an anti-encroachment drive.
Protesters raised slogans against the SDMC officials and some women protesters also stood in front of bulldozers to stop the drive. The protest also caused heavy traffic snarls in Shaheen Bagh, Kalindi Kunj, Jaitpur, Sarita Vihar, and Mathura Road among other areas.
(With inputs from PTI)