“Can’t interfere at instance of political party”: SC rejects plea filed by CPI(M) against Shaheen Bagh demolition drive

New Delhi: The Supreme Court on Monday refused to interfere with the petitions seeking direction into the matter concerning demolition in Shaheen Bagh area to remove encroachment.

While refusing to interfere with the petitions filed by the Communist Party of India (Marxist) and others, the Supreme Court said that 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," the Bench, headed by Justice L Nageswara Rao and also comprising Justice B R Gavai, told the petitioners.

"This is too much", it observed and refused to entertain the CPI(M)'s petition against anti-encroachment drive in Shaheen Bagh and other parts of Delhi. The Apex Court rather asked all such petitioners to approach the Delhi High Court for relief. "Why is the CPI (M) filing a petition? What is the fundamental right violation under Article 32?," the Supreme Court asked senior lawyer PV Surendranath.

He replied, "It is in public interest My Lord and not in party interest." Justice Rao asked, "You will be advised better to approach the High Court. Do not make this such a platform and come on behalf of a political party."

Surendranath replied, "No notice or breathing time has been given to affected parties. They are demolishing buildings," he said and sought immediate direction in the issue. Solicitor General (SG) Tushar Mehta, appearing for the New Delhi Municipal Council (NDMC), said "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.

"This is a removal of scrape-holdings, 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?," the SG said.

The Supreme Court asked the petitioner to approach the High Court, adding "Otherwise, 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 an appropriate forum," the Supreme Court said.

"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 approach the HC?," the Supreme Court observed. (UNI)