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Supreme Court refuses to interfere into the issue of demolition in Shaheen Bagh

By Lawstreet News Network      May 09, 2022      0 Comments      3,169 Views

Supreme Court refuses to interfere into the issue of demolition in Shaheen Bagh. SC says none of the affected parties are before the Court and the petition has been filed by a political party. “Don’t make this Court a platform for all this” SC tells the petitioners.

Justice L Nageswara Rao: Why is CPIM filing a petition

Justice Gavai: what is the fundamental right violation under article 32

Sr Adv PV Surendranath: It is in public interest milord and not the party interest

Justice Rao: you will be advised better to approach high court. Do not make this such a platform and come on behalf of a political party

Surendranath: no notice or breathing time has been given

Justice Rao: if hawkers encroach then what we can do approach the HC

Surendranath: They are demolishing buildings

SC: We entertained Jahangirpuri since structures were brought down

Surendranath: here also structures were brought down. there is hawker union here.

Justice Rao: we dont know what is being demolished. hawkers factually are not in any building. we will not entertain this

SG: This is not factual

SC: Why cannot you carry such activity in accordance with law

SG: I just received this letter. please see what kind of misrepresentations are going to create a political hype. it is said removal of encroachment from public road is routine and notice is not needed

SG: This is a removal of scrapeholdings, like tables chairs outside on the road is removed by shop owners themselves. But from where are they getting  information that buildings are being brought down??

Justice Rao: Approach the high court other wise we will deal with it in any merits. We have to balance interests. We cannot deal with removal of encroachments in accordance with law. persons who are aggrieved can approach appropriate forum.

Justice Rao:  we are not seized off all encroachments in the city

Surendranath: please let other affected parties approach this court

Justice Gavai: why HC will not entertain?

Surendranath: they do not hear Milord

SC: This is disrespectful to the HC. They have wider powers under article 226

SG: I will tell you. I have filed an affidavit. we are following the Delhi HC order itself

Surendranath: but why are bulldozers being used ?

Court informed that an IA has been moved in the Jamiat Ulama Hind plea which sought guidelines to prevent all india demolitions. IA concerns Shaheen Bagh demolition

Justice Rao: don't take shelter under courts order just because we are showing interference. there cannot be such petitions in anticipation of action by political parties. should we look at only demolitions in the country. why cannot you appoach the HC?

SC: you choose whether you want to withdraw or we dismiss in merits

Surendranath: we will withdraw milord

Petitioner in the IA: Please grant us liberty. we will move HC

SC: Why should we?

SC: We are informed that petition is being withdrawn. withdrawal permitted and liberty to move High Court.

SC: There definitely seems to be something in what SG submits. there is something in HC

SG: Yes there is a case pending that is why they are not approaching.

Surendranath: please grant a stay for 2 days

SC: Not at your best. You mention tomorrow in HC. Mr Solicitor General please dont do anything till tomorrow

SG: whatever had to be removed has been removed. they just want headlines like SC saves the area from demolition

SC: This is not done. such removal of encroachments are routine exercise. If we have to look at these matters then we will look at such cases only.

Hearing ends.

CRUX of the hearing:

Petition challenging Shaheen Bagh demolition drive dismissed as withdrawn Liberty to move HC No stay granted by Supreme Court



Tags:
Supreme Court of IndiaShaheen BaghJustice L Nageswara RaoJustice Bhushan Ramkrishna Gavai
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