Thread by @barandbench

Supreme Court to hear petitions filed against the demolition in Jahangirpuri, which has been accused of targeting one community and being carried out in violation of the law. #SupremeCourt had halted the demolition till further orders
#JahagirpuriViolence #jahagirpuri

Petitioners had argued the people whose structures were being demolished had not been notified in advance, and questioned a demolition drive that began after a letter from the BJP's Delhi unit chief demanding action against 'rioters'
#SupremeCourt #JahagirpuriViolence

Counsel seeks to mention the demolition to be carried out in Shaheen Bagh

Justice LN Rao: please mention it when we take up the case.

SG Tushar Mehta: please have this next Monday

SG: We have filed a counter

Justice Rao: we don't have a copy. Please serve it to us

SG Mehta: at once. We have only said that we have carried the demolition as per court order

Justice Rao to the counsel mentioning the Shaheen Bagh case: it will be listed

Bench to re assemble at 2 pm. Another counsel for SDMC will be present since SG Mehta will not be appearing the second half

Bench breaks for lunch
#JahangirPuri

NDMC has justified the razing of a juice shop in Jahangirpuri, claiming that the owner did not respond to a show cause notice disputing the legality of the structure.

barandbench.com/news/litigatio…

The North Delhi Municipal Corporation (NDMC) informed the Supreme Court on Monday that the Jahangirpuri demolition drive was given an unwarranted communal colour by the petitioners

barandbench.com/news/litigatio…

BREAKING:In the affidavit filed before the top court, NDMC highlighted that no house or shop was demolished at all either on April 20 or in any of the previous drives.

"This is a blatant falsehood for which the deponent who has affirmed this on affidavit needs to be prosecuted"

Supreme Court will shortly hear the plea challenging Shaheen Bagh Demolition drive #shaheenbagh #SupremeCourt

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 apppoach 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