The Supreme Court today refused to entertain the PIL filed by CPI(M) against the demolition drive going on in Shaheen Bagh. The Court expressed unhappiness on a political party approaching the Supreme Court with the PIL and dismissed the matter as withdrawn, granting the petitioner liberty to approach the High Court over the issue.
The Apex Court's Bench comprising of Justice L. Nageswara Rao and Justice B. R. Gavai heard Senior Advocate P. Surendranath appearing for the petitioner.
The Bench, raising the issue of locus standi of CPI(M), asked "Why is this CPI(M) party filing the petition. We can understand if someone aggrieved files the petition."
The Bench quizzed the Senior Advocate about not approaching the High Court and said, "This is not the platform". The Bench asked, "If hawkers are encroaching then what can we do? Approach the High Court." Surendranath submitted that SDMC is demolishing buildings and structures are being brought down. The Bench asked the Solicitor General to take such actions only in accordance with law
Solicitor General Tushar Mehta submitted that misrepresentations are being made, "Please see what kind of misrepresentations are going on to create a political hype." He submitted that no notice is required for the removal of encroachment from a public road. Solicitor General said, "This is removal of tables and chairs on the road, many of it is removed by the shopowners but from where are they getting information that buildings are being brought down."
Surendranath submitted that the High Court does not hear such petitions. To this submission, the Bench expressed its displeasure and said, "Don't take shelter under courts order just because we are showing interference." The Counsel then withdrew the petition with liberty to approach the High Court.
The Supreme Court was hearing a petition filed by the CPI(M) against the SDMC seeking issuance of a writ of mandamus directing the SDMC not to proceed with any action regarding demolition in the South Delhi area without due process of law and compliance with principles of natural justice. There was also a prayer for adequate compensation to be provided to the victims of alleged illegal demolition.