SC puts temporary stay on demolition drive in Jahangirpuri
SC puts temporary stay on demolition drive in Jahangirpuri
Shops, illegal structures outside Mandir, Masjid razed
New Delhi, April 20 (Delhi Crown): Shops and illegal structures near, and in front of, the Masjid and a Mandir in Jaghangirpuri, in North-West Delhi, were demolished by civic authorities on Wednesday amid huge police presence.
The demolition drive continued despite media reports about the Supreme Court’s “status quo order” regarding the ongoing demolition drive.
The demolition drive had been initiated by the North Delhi Municipal Corporation (NDMC) against alleged encroachers in the Jahangirpuri area, where communal riots took place on April 16.
An SC bench led by the Chief Justice of India ordered status quo on a mentioning made by Senior Advocate Dushyant Dave.
“Something serious requires your immediate intervention. This is about a completely unconstitutional and illegal demolition which has been ordered in Jahangirpuri area, where riots took place last week. No notice has been served. There is a provision for appeal under the Municipal Corporation Act. We have filed a provisional application (before SC). It was supposed to start at 2:00 p.m., but they started the demolition today morning at 9:00 a.m. knowing that we will mention,” Dave submitted.
Soon after the CJI ordered – “Maintain status quo. List before appropriate bench tomorrow.”
However, the demolition drive in Jahangirpuri seems to be going on despite the SC order.
Senior Advocate Kapil Sibal mentioned the petition filed Jamiat Ulama-i-Hind against the alleged actions taken by authorities in Uttar Pradesh, Madhya Pradesh and Gujarat against the accused.
The plea seeks a declaration that the properties of accused cannot be demolished as a punitive measure as such a punishment is unknown to criminal law. Also, there is no due process and fair trial given before the demolition of houses, the petitioner states.
“There’s another petition which applies all over India, that be listed along with it,” Sibal submitted. “Alright”, the CJI agreed.
