Don't come here straight, go to HC: SC tells petitioners on Shaheen Bagh demolition

The court took an exception to a political party filing the writ petition instead of the affected parties

The Supreme Court on Monday declined to consider a plea by CPI(M) against removal of illegal structures at Shaheen Bagh in Delhi, saying it cannot interfere at the behest of the political party and the affected party may approach the High Court.

The court took an exception to the political party filing the writ petition instead of the affected parties, even though it orally asked Solicitor General Tushar Mehta, appearing for the Union government not to carry out any demolition for a day.

As senior advocate P Surendranath, appearing for the petitioner, sought to argue the matter, a bench of Justices L Nageswara Rao and B R Gavai told him, "This is too much. Why CPI(M) is filing the petition. What is its fundamental right being violated? Please take your fight at some other platform not here."

The counsel said the top court should consider the matter as it did in Jahangirpuri case since similar action was being taken by the municipal corporation in the locality.

The Solicitor General, for his part, contended misrepresentation was being made here to create a political hype. It is a routine exercise of removing encroachment from public roads and no notice was required for it under the law, he said, adding in certain cases, shopkeepers themselves removed the encroachments.

The counsel, however, claimed they were using bulldozers.

"Please approach the High Court...we are not seized of all encroachments in the country," the bench told the counsel.

The High Court would not hear the matter, the counsel responded.

"This is disrespectful to the High Court, which has wider powers under Article 226 of the Constitution," the bench said.

"Don't take shelters under the court's orders just because we are showing indulgence. There can't be petitions in anticipation of actions at the behest of political party. We can't look at all demolitions," the bench added.

On this, the counsel preferred to withdraw the plea.

Mehta said the exercise was being carried out at the instance of the High Court.

Ealier, the action by the municipal body was opposed by locals led by area MLA. The Shaheen Bagh has earlier shot into media limelight in 2019-20 for protests by women and children against the Citizenship Amendment Act.