The Supreme Court on Thursday ordered status quo till further orders over the BJP-ruled North Delhi Municipal Corporation’s anti-encroachment drive in the capital’s troubled Jahangirpuri area which was rocked by communal violence on Hanuman Jayanti last week.
A bench comprising Justices L Nageswara Rao and BR Gavai also issued notices to the civic body on the plea against the demolition drive and asked it to file its reply.
Several concrete and temporary structures close to a mosque were brought down as part of the demolition drive on Wednesday. The Supreme Court had to intervene twice to stop the drive after it took cognizance of a petition filed by Jamiat Ulama-i-Hind against the demolition. Many owners have insisted that their establishments had the sanction of the Delhi Development Authority and the local civic body.
Opposition parties, including the CPI(M), Congress and Aam Aadmi Party, which is in power in Delhi, hit out at the BJP and accused it of targeting minority communities. CPM leader Brinda Karat had reached the spot with court papers to stop the demolition.
The BJP has asserted that the demolition was a legal exercise which had nothing to do with religion. The North Delhi Municipal Corporation called it a routine exercise carried out by the “licensing department, engineering department, enforcement cell and health department of Civil Lines as a joint team”.
Here are the top quotes from Thursday’s hearing on the politically contentious issue:
Senior advocate Dushyant Dave, appearing for Jamiat Ulama-i-Hind
“This case raises far reaching questions of constitutional and national importance… Is bulldozer an instrument of state policy? Particular section of society is being targeted. This is the warning constitutional framers gave us. They spoke about this eventuality.”
“They knew we will mention (the case in court) at 10:30am and that is why demolition began at 9am. They continued even after the status quo order was passed. This affects rule of law and there will be no democracy left.”
“How can a BJP leader write a letter that you demolish and NDMC demolishes it (sic). Delhi Act has provision for notice and there is provision for appeals too. A 5-15 days’ notice is must… This isn’t issue confined to Jahangirpuri. It’s on social fibre of this country”
“There are 731 unauthorised colonies in Delhi with 15 lakh people. How you target only one area since you target only one community (sic).”
“All homes in Jahangirpuri are more than 30 years old and shops are 50 years old… These are poor people. If you want to remove encroachments, come to Sainik Farms. Come to Golf Links where I stay and every second home has an encroachment somewhere. But you don’t touch it at all.”
Senior advocate Kapil Sibal, appearing for Jamiat Ulama-i-Hind
“Encroachments are a serious problem all over India, but the issue is Muslims are being associated with encroachments.”
“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.”
“Look at Madhya Pradesh where minister says that if Muslims do such a thing, they cannot expect justice. Who decides that? Who gave him that power?”
“Encroachments are not limited to A community and B community. You cannot demolish their houses and say that they encroached. It is not a forum for politics and this forum is to show that rule of law prevails.”
Kapil Sibal: I want stay on demolition
Supreme Court: We are not staying demolitions in this country
Sibal: I mean this area in particular
SC: We will see
Sibal: Not with bulldozer
SC: Demolitions are always with bulldozer
Sibal: not always
Senior Advocate PV Surendranath, Appearing for Brinda Karat
Surendranath: I had communicated the order to Brinda Karat at 10:45am
Supreme Court: Not to the authorities
Surendranath: She informed the authorities. They did not stop and it went on till 12:45pm. She had to physically stand to stop the process
Solicitor General Tushar Mehta, appearing for North Delhi Municipal Corporation
“Both pleas are by Jamiat Ulama-i-Hind and this is what happens when an organisation comes here. In Jahangirpuri, the drive to remove the encroachments on footpath etc began on January 19. In February, then in March and then in April, it took place to remove garbage etc”
“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 the notice. Traders moved High Court last year and HC had itself ordered demolition.”
“This is why the organisations have come here and not individuals, since they have to show the proof and it can be seen notices were issued. In Khargone demolition, 88 affected parties were Hindus and 26 were Muslims. This is the subject matter of debate. Notices were in 2021.”
Justice Rao: Demolition yesterday was of only stalls, chairs, tables etc?
Justice Gavai: To remove these, you need a bulldozer?
Solicitor General: In notice section, nothing applies to building materials. Commissioner also may, in discretion, remove stalls, chairs, tables etc without notice
Supreme Court
“We will take a serious view of the demolition which was carried out even after Supreme Court orders, even after NDMC Mayor was informed. We will take that up later.”
“We want affidavits from the petitioner on the notices if served and counter affidavits and till then status quo order will continue. We issue notice to all the petitions here.”
“Status quo to be maintained till further orders in Jahangirpuri case. List after two weeks and pleadings to be completed till then.”
Solicitor General: Once you entertain this, everyone will jump on the bandwagon
SC: We know where to stop
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