SC halts anti-encroachment drive in riots-hit Jahangirpuri on Jamiat's plea

Taking note of the submissions of senior advocate Dushyant Dave, appearing for the Muslim body, the bench, also comprising Justices Krishna Murari and Hima Kohli, directed the apex court Secretary-General to convey its morning order to stop demolition to the NDMC North Delhi Municipal Corporation mayor, commissioner and the Delhi police commissioner immediately.

The Supreme Court Wednesday stalled the anti-encroachment drive by authorities in the violence-hit Jahangirpuri area of the national capital after taking note of a plea of Jamiat Ulama-i-Hind that buildings of Muslim riots accused are being razed.

A bench headed by Chief Justice N V Ramana, which ordered maintaining of status quo concerning the demolition of buildings in the forenoon, intervened again during the day after it was apprised that the authorities were not stopping on the ground that no official communication has been received by them. Taking note of the submissions of senior advocate Dushyant Dave, appearing for the Muslim body, the bench, also comprising Justices Krishna Murari and Hima Kohli, directed the apex court Secretary-General to convey its morning order to stop demolition to the NDMC (North Delhi Municipal Corporation) mayor, commissioner and the Delhi police commissioner immediately. Simultaneously two lawyers -- Shahrukh Alam and Kawalpreet Kaur -- rushed to the Delhi High Court with a similar plea like Jamiat seeking urgent stopping of the punitive action.

The high court, which refused to pass an instant interim order around 10.30 AM, agreed to hear the plea during the day, but, it was later informed about the interim order passed by the apex court ordering immediate halting of the demolition drive.

The demolition drive came to halt after the apex court intervened for the second time during the day when senior advocate Dushyant Dave came rushing and complained that the authorities have not stopped the demolition drive despite the earlier order to maintain the status quo.

“I am sorry to mention it again...In the morning, I had mentioned the matter. Despite communicating the (stay) order, they (authorities) are not stopping the demolition. They are saying that they have not officially received any communication. I request to ask the secretary-general to communicate the order to the police commissioner and the mayor and the commissioner of the North Delhi Municipal Corporation (NDMC),” Dave said.

“It will be too late otherwise,” the senior lawyer said, urging urgent remedial action on the part of the top court. “Ok. Communicate it through the secretary-general (of the apex court) immediately,” the CJI said. The senior advocate said that the order of the apex court was widely reported by the media in the morning and still the authorities were not acting as per it. “I don't understand. We are in a rule of law society... I am feeling sad as it will send a terribly wrong message,” Dave said.

In the forenoon, he mentioned the petition of Jamiat against the special joint encroachment removal action of the civic bodies including the NDMC and the PWD, and said “a completely unauthorised and unconstitutional demolition” has been ordered.

He alleged that the demolition, which was to start at 2 pm on Wednesday, has begun at 9 am and no mandatory notice, granting time for response, for demolition has been served on the alleged violators. Senior advocate Kapil Sibal, also appearing for the Muslim body, mentioned another petition in which a direction to the Centre and some states including Madhya Pradesh and Uttar Pradesh has been sought asking them not to take “precipitative actions” like razing buildings in criminal proceedings against riots accused. “Upon being mentioned by Mr. Dushyantt Dave, We direct the Registry to list the matter tomorrow (Thursday) that is on April 21 along with (other petition)... before an appropriate bench. Status quo, as exists today, shall be maintained, until further orders,” the bench ordered.

Earlier, in the Delhi High Court, a bench headed by Acting Chief Justice Vipin Sanghi asked the lawyers, who mentioned the cause for urgent listing and relief, to file their petitions and said, ''I am not saying anything (on stopping the demolition) but that they (authorities) should be ready (with instructions).'' Additional Solicitor General Chetan Sharma told the high court bench, also comprising Justice Navin Chawla that the Supreme Court is already seized of the issue as certain parties were going to mention the issue there.

The Acting Chief Justice said that the petitions would be heard during the day once they were filed, and observed that ''there was nothing new'' and the drive was ''already in contemplation''.

''They have acquired force now. You file it (the petitions),'' he said and asked the authorities to be ready with instructions.

The high court further said that if the structures were part of a notified juggi (slum) cluster, there was a “process of rehabilitation otherwise there is no protection available”.

The lawyer appearing for one of the aggrieved parties urged the high court to ''protect'' the dwellers till 2 pm.

However, the relief for the persons, whose houses were to be razed, came much earlier from the top court which has again listed the plea of Jamiat for hearing on Thursday.

Jahangirpuri in north Delhi had witnessed violent clashes, including stone-pelting, arson, and firing, between two communities during a Hanuman Jayanti procession on Saturday.