Supreme Court has refused to entertain a plea filed by Communist Party of India-Marxist against the demolition drive in Shaheen Bagh in New Delhi, saying it cannot interfere with the anti-encroachment drive at the instance of a political party.
A bench of Justices L Nageswara Rao and B R Gavai asked the party to approach the Delhi High Court.
“Why is CPI-M filing a petition? What is the fundamental right that is being violated? Not at the behest of political parties. This is not the platform. You go to the high court,” the bench said.
The top court said if hawkers are encroaching, they will be removed and in case there is any violation of law by authorities, the petitioner can go to the high court.
Solicitor General Tushar Mehta said the facts are being misrepresented.
“This is a process which has been going on for long, a routine exercise after serving notice,” he said.
When senior advocate P Surendranath, appearing for the CPI(M), referred to the apex court’s recent orders on Jahangirpuri where the demolition drive was stayed, the bench said let the affected parties come.
“We have not given license to anybody to come here to say my house cannot be demolished even if it is unauthorized. You cannot take shelter of that order. We cannot interfere…that too at the instance of political parties,” the bench said.
“People have already removed encroachments on my request. ‘Wazu khana’ & toilets outside a mosque here were removed in presence of police, earlier. When there are no encroachments, why have they come here? Just to do politics?” AAP MLA Amanatullah Khan was quoted by news agency ANI as saying.