'Go to HC': SC Declines To Hear Plea Against Demolition Drive in Shaheen Bagh

The Supreme Court on Monday, 9 May, refused to entertain a plea filed by the Communist Party of India (Marxist) against an 'anti-encroachment drive' that had been scheduled in Shaheen Bagh on the same day.

(Photo: Accessed by The Quint)

The Supreme Court on Monday, 9 May, refused to entertain a plea filed by the Communist Party of India (Marxist) against a demolition drive that had been scheduled in Shaheen Bagh on the same day.

The apex court dismissed the petition as withdrawn and granted liberty to approach the high court in the matter, asking the petitioners to mention the plea before the high court on Tuesday.

"What is this CPI(M) party filing the case? We can understand if somebody aggrieved is filing the writ petition," LiveLaw quoted Justice L N Rao's bench as saying, which had considered the matter of the Jahangirpuri demolition drive on 20 April.

The court also asked the petitioners why they had not approached the high court in the matter.

"We can understand if you go to the hcigh court and the high ourt refuses to hear... but you don't even go there and straightaway come to the Supreme Court," the bench said, adding that it would not consider the matter "at the behest of political parties."

The CPI (M) had prayed to the court to stay the demolition for two weeks.

"In Jahangirpuri, we interfered because structures were being demolished," the court stated, as per LiveLaw.

Solicitor General Tushar Mehta, appearing for the MCD, said that there was a "misrepresentation of facts being made for political hype".

"They just want to create headlines that SC saved area from demolition," he was quoted as saying.

What Happened in Shaheen Bagh?

A demolition drive scheduled for Monday at Delhi's Shaheen Bagh was not conducted after protests in the area. Shaheen Bagh was the epicentre of anti-Citizenship (Amendment) Act (CAA) protests in 2019-20.

Locals and Congress workers sat on the road and stood in the way of the bulldozers brought for the Bharatiya Janata Party (BJP)-led South Delhi Municipal Corporation's (SDMC) drive against illegal construction. Some local traders and others at the site had requested authorities to not use bulldozers, and had started removing the encroachments themselves.

A bulldozer that had arrived at Shaheen Bagh before noon, left around 1:30 pm, as protests continued. No demolitions were carried out.

This comes nearly three weeks after a demolition drive was carried out in Delhi's Jahangirpuri on the morning of 20 April, till the Supreme Court ordered a stay.