Thread by @barandbench

A Supreme Court bench of Justices L Nageswara Rao and BR Gavai to hear petition by Jamiat Ulama I Hind against demolition drive in Jahangirpuri and other States.

The matter is listed for hearing as item 10.

#SupremeCourt #Jahangirpuri #DemolitionDrive

A CJI led bench had ordered status quo on the demolitions yesterday.

#SupremeCourtofIndia #SupremeCourt

barandbench.com/news/jahangipu…

Apart from the petitions by Jamiat Ulama i Hind seeking to quash demolition notice by NDMC in #Jahangirpuri and a direction to cease bulldozer politics, CPI(M) leader Brinda Karat has moved #SupremeCourt stating demolition did not even stop an hour after SC ordering status quo

Brinda Karat has also alleged that the demolition exercise was per se discriminatory since only Muslim homes were targeted
@cpimspeak #SupremeCourt

Ganesh Gupta, whose juice shop was demolished in Jahangirpuri Demolition drive yersterday has moved #SupremeCourt seeking to refrain NDMC from carrying out the demolition process. Gupta maintains the shop area was allotted by @official_dda
Plea has been filed through @Vakeel_Sb

Senior Adv PV Surendranath mentions the plea by Brinda Karat

Sr Adv Surendranath: this is regarding the demolition

Justice LN Rao: submit when the matter is taken up

Item 7 is going on. Jahagirpuri matter is item 10

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Jahangirpuri demolition matter to be taken up now.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Sr Adv Dushyant Dave: this case raises far reaching questions of constitutional and national importance here

SC: What is national importance in this matter its about an area

Dave: is bulldozer an instrument of state policy

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: This was not done in 2002 then why now. Delhi has an act. particular section of society is being targeted. this is the warning constitutional framers gave us. they spoke about this eventuality.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

SG Mehta: let him argue on facts and i have reply to the same

SC: Let Mr Dave argue

Dave: Delhi police registered a FIR against VHP and even before inquiry large scale arrests had taken place.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: they knew we will mention at 10.30 am and that is why demolition began at 9 am . they continued even after the status quo order was passed. this affects rule of law and there will be no democracy left.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: how can BJP leader write a letter that you demolish and NDMC demolishes it. Delhi act has provision for notice and there is provision for appeals too. Look at the Olga Tellis case also and how SC protected the rights

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: Please see the preamble of the Delhi Municipality Act, where it is noted how there has been immense migration to Delhi and how changes have occurred beyond the Delhi Master plan

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: there are 731 unauthorised colonies in delhi with 50 lakhs people and how you target only one area since you target only one community.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: please see the definition of encroachment as per section 2(c)

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: all homes in Jahangirpuri are more than 30 years old and shops are 50 years old. we are in a democracy and how can this be allowed in this country

SC: What you read now is about regularisation. come on encroachment now.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

SC: Which is the provision in the act which provides for notice?

Dave: Please see section 343. MCD Act. even otherwise it is been held by this court that right to life includes right to shelter.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: this is inconceivable in the democracy and this is what we are against, the law of the Jungle !

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: we have a right to first make correction in the record and then it says that no demolition will take place unless the person has been given a reasonable opportunity

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: 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 is an encroachment somehwere, but you dont touch it at all

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: police and civil authorities are bound by the Constitution and not by letters written by a BJP leader. this is a sad scenario.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: the leader wrote that some anti social elements pelted stones on the shobha yatra and that they have support from AAP leaders and that he wishes that homes of such people be bulldozed

SC: His wish?

Dave: that became command

#SupremeCourt #जहांगीरपुरी #Bulldozer

Dave: they started demolition at 9 am when they knew we will mention. they went on demolishing even after status quo orders

Sr Adv Kapil Sibal: encroachments is a serious problem all over India but the issue is Muslims are being associated with encroachments

#SupremeCourt

Sibal: 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 is bulldozed and politics in power judges what happens or not happens

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Sibal: Look at Madhya pradesh where minister says that if muslims does such a thing they cannot expect justice. who decides that ? who gave him that power. somebody is in jail his house was demolished, somebody who raped their house also broken down

#जहांगीरपुरी #Bulldozer

Sibal: in Delhi also the community at certain areas was gated and locked up. what do they want? to instill fear or do away with them?

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Sibal: encroachments is 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.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Sibal: i want stay on demolition

SC: 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

#SupremeCourt #जहांगीरपुरी #Bulldozer

Sr Adv PV Surendranath: I had communicated the order to Brinda Karat at 10.45

SC: Not to the authorities

Surendranath: She informed the authorities. They did not stop and it went on till 12.45. she had to physically stand to stop the process

#SupremeCourt #जहांगीरपुरी

Sr Adv Dushyant Dave: the NDMC mayor told media that SC order will be complied with at 11 am but it went on and on

Sr Adv Sanjay Hedge appears for Ganesh Gupta the juice shop owner: I was there, my shop was demolished. i had all the papers

#SupremeCourt #जहांगीरपुरी #Bulldozer

SG Mehta: please give me the papers

Hegde: we demand compensation for such a demolition act which was illegal

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

SG Mehta: 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 19 it took place to remove garbage etc

SG Mehta: this is what happens when organisation comes here suddenly. I will show you instances when notice is not required and illegal structures were given the notice. traders have moved HC last year and HC had itself ordered demolition

#SupremeCourt #जहांगीरपुरी #Bulldozer

SG: this is why the organisations have come here and not individuals since they have to show the proof and it can be seen notices was issued. In Khargone demolition, 88 affected parties were Hindus and 26 were Muslims. this is the subject matter of debate. notices were in 2021

SG: Khargone orders were passed for demolition in 2021 and 2022. this has become like a pattern that is why instead of individuals approaching the court, organisations jump in. #SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

SG: In notice section nothing applies to building materials, commissioner also may in discretion remove stalls, chairs, tables etc without notice.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Justice Rao: Demolition yesterday was of only stalls, chairs, tables etc?

Justice BR Gavai: to remove these you need a bulldozer?

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

SG: we have the photographs, you are correct bulldozers are needed for buildings. here notices were issued.

Justice Rao: Mr Hegde were you issued notice before your establishment was demolished?

Sr Adv Hegde: no

SG: They were provided notice

#SupremeCourt

SC: We want affidavits from the petitioner on the notices if served and counter affidavits and till then status quo order will continue.

SC: 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
#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

SC: We issue notice in all the petitions here.
#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

SC: Status quo to be maintained till further orders in Jahangirpuri case. List after 2 weeks and pleadings to be completed till then.
#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

SG Mehta: once you entertain this everyone will jump on the bandwagon

SC: We know where to stop.

#SupremeCourt #jahagirpuri #जहांगीरपुरी #Bulldozer

Dave: some lawyers of this court together have also filed a petition

Justice Rao: why should we have so many petitions here? your plea is enough

Dave: citizens have fear

SC: one is enough for us to take notice

#SupremeCourt #Jahangirpuri #Bulldozers #जहांगीरपुरी

Sibal: but does it mean bulldozing happens in other states

SC: You have informed us what has happened and you dont want it to read. Once we have passed orders in one case you still think something will happen again?

Matter over

#SupremeCourt #Bulldozers #जहांगीरपुरी