The court also vowed to act against those responsible if it was found that Wednesday’s demolition drive continued well after the stay order was conveyed to municipal officials. The petitioners have said that even after they sent WhatsApp messages and email on the court order to the mayor the drive continued. By convention, the executive does not deal with any issue that is sub-judice, let alone defy orders even if written orders are not received. The court asked those affected by demolitions to state whether they received notices in advance on the demolition. It will hear the case after two weeks. The bench, however, refused to stay demolitions drives throughout India.
Two of the petitions were filed by the Jamiat Ulama-i-Hind against the Centre and the corporation. One petition was filed by CPI-M’s Brinda Karat and a third by a shop-owner who claimed that his DDA-allotted shop was demolished even after he furnished authorisation papers to the demolishers. One of the Jammat petitions drew the court’s attention to similar demolitions in UP, MP and Gujarat. Arguing against the demolitions, senior advocate Dushyant Dave demanded to know if fake encounters and bulldozers were part of state policy now. He dubbed the demolitions, days after violence in the area after a ‘shoba yatra’ without permission, as an attempt to target a particular community. “The Constitution-makers had clearly warned us about this.”
Saturday’s violence took place after the VHP procession without police permission, he alleged. There have been largescale arrests of people from a community, without a probe, and their houses and shops have been demolished, Dave contended. No notices were issued. The drive scheduled for 2 pm was advanced to 9 am Dave said. It continued till 12.45 pm, despite the court ordering a stay, he contended.
In this case, the corporation had merely accepted a Delhi BJP leader’s ‘wish’ as its ‘command’ in ordering the demolitions, Dave contended. He placed a letter written by BJP Delhi unit chief before the court. He claimed over 50 lakh people lived in over 17,000 unauthorised colonies in Delhi, including upscale areas such as Golf Links, but “you touch the poor people”. These are shops which are over 30 years old, he said. He reminded the court of earlier rulings in which it has held the right to shelter was an important right within the right to life. In any case, a central law, protected unauthorised colonies till December 2023, he said, referring to the NCT (Recognition of Property Rights of Residents in Unauthorised Colonies) Act, 2019. “What is this process of putting people behind gates and demolishing houses? Is this to instill fear or demolish rule of law?”
The Centre, through SG Tushar Mehta, claimed that due procedure was followed in all demolitions across the country. In Jahangirpuri, notices were issued to all owners. Some notices were in early 2022. He claimed that notices were not necessary in case roads were obstructed. The bench demanded to know if bulldozers were required to clear debris. “Were you removing chairs, tables etc?” Justice Rao asked the SG.
SG claimed no affected individuals had moved the SC. Instead one group jumped in, keeping with the pattern in recent cases of outfits approaching the SC, he contended.
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