No demolition in Jahangirpuri for now,
next hearing in 2 weeks : SC [21.4.2022]
21.4.2022,
New Delhi, Thursday
New Delhi: A day after
bulldozers were sent to Delhi's Jahangirpuri, where communal violence had
erupted on Saturday, the Supreme Court said it would take a "serious
view" of demolitions that took place after its order pausing them. There
will be no demolitions in Jahangirpuri until further orders, the court said,
issuing notice to the civic body.
"We will take a serious
view of all demolitions that took place after the Supreme Court decision was
communicated to the Mayor," the Supreme Court said, adding that it would
take up the case after two weeks.
During the hearing, the
Supreme Court was told that a "particular section of society is being
targeted".
Senior lawyer Dushyant Dave,
representing the Jahangirpuri petitioners, argued that after a complaint by the
Delhi BJP chief to the Mayor of the North Delhi Municipal Corporation, an
overnight decision was taken to remove encroachments from the violence-hit area
and the drive was launched without notice.
The civic body took the BJP
leader's wish "as their command", the lawyer charged.
On Wednesday, the Supreme
Court halted the anti-encroachment drive after taking note of a petition by the
Jamiat Ulama-i-Hind that buildings of Muslim riot-accused were being razed in
states like Uttar Pradesh, Madhya Pradesh and Delhi.
But the bulldozers did not
stop and several shops and structures outside a mosque were razed before a
second intervention, by Chief Justice NV Ramana, finally ended the drive.
This was an
"extraordinarily important issue" for the country, Mr Dave said,
alleging that these demolition drives were targeting one community after
communal clashes.
The judges asked: "It
only pertains to an area. What national importance?"
Mr Dave replied: "It's in
every riot-affected area. Nothing like this happened in 1984 or 2002. Why
suddenly? Delhi has an Act on encroachments. A particular section of the
society is being targeted. This is the warning that our constitutional framers
gave us."
He accused the civic agency of
targeting the poor and helpless without warning. "Reasonable opportunity
is to be given. You have destroyed homes now. Who is responsible? You will not
touch Sainik Farms and South Delhi where every other home would be unauthorised
but you will come to demolish homes of poor people," Mr Dave said.
"There are demolitions
across India. Muslims are being targeted. Especially during Ram Navami days
these things are happening. Then houses of only one community are
demolished," senior lawyer Kapil Sibal said, representing the Jamiat
Ulama-i-Hind.
"Remarks have been made
by a Minister in Madhya Pradesh that if Muslims carry out such attacks, then
they should not expect justice. People who were not even in the area on day of
incidence to their house was demolished," Mr Sibal said, referring to the
demolitions in Khargone, where clashes erupted during a Ram Navami procession.
The judges asked whether no
Hindu properties were demolished at Jahangirpuri on Wednesday.
"Encroachments are not
limited to one community. You cannot connect it to just one community. This is
not a forum for politics. We want your lordship to tell the world that rule of
law prevails in this country. We want stay on demolitions," Mr Sibal said.
Solicitor General Tushar
Mehta, speaking on behalf of the civic authorities, said yesterday's drive was
not the first in Jahangirpuri this year.
"As far as Jahangirpuri
is concerned, the drive to remove what was on footpaths has been done several
times since January. 19 April was the fifth drive this year," he said.