SC refuses to entertain CPM's plea on Shaheen Bagh; asks party to move HC

The Supreme Court on Monday (May 9) refused to entertain a plea filed by CPI(M) against the demolition drive in Shaheen Bagh here, strongly objecting to the fact that a political party was directly approaching the apex court.

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.

Asking the CPM to withdraw its petition and approach the high court, the Supreme Court said it would have stepped in if the “aggrieved party had come”. “Please impose a stay (on the demolition) for at least two days,” the CPM urged.

“Not at your behest,” the Supreme Court said, adding that they were there to protect livelihoods but not like this.

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.

Also read: Shaheen Bagh erupts as protesters oppose anti-encroachment drive

This is a process which has been going on for long, a routine exercise after serving notice, he said. Mehta told the court that what was to be done “has already been done”. The encroachments, he said, had been removed voluntarily now.

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 unauthorised. You cannot take shelter of that order. We cannot interfere…that too at the instance of political parties, the bench said. Further, the court added: “You do not even go to the High Court. You come straight to the Supreme Court. What is this? A political party coming here and telling us what to do.”

After hearing the matter for some time, the matter was dismissed as withdrawn with liberty to approach the Delhi high court.

The BJP-headed South Delhi Municipal Corporation (SDMC), has launched an anti-encroachment drive in Shaheen Bagh, the heart of anti-citizenship law protests, told the court that “no structure was being demolished”.

The anti-encroachment drive was halted at Shaheen Bagh when traders and Aam Aadmi Party (AAP) MLA Amanatullah Khan assured that illegal structures would be removed.