CPI(M) Leader Brinda Karat Moves Supreme Court Against Jahangirpuri Demolitions; Says Demolitions Continued Despite Status Quo Order

Brinda Karat, Politburo member of the Communist Party of India (Marxist) and former Rajya Sabha MP, has approached the Supreme Court challenging the demolition drive initiated by the North Delhi Municipal Corporation in the riots-hit Jahangirpuri area.

Karat says that the demolition drive has been initiated without following due process and without serving notice to the affected persons. The action is contrary to the provisions of the Delhi Municipal Corporation Act, 1957 and the Constitution and violates all principles of natural justice and fairness. She further alleges that the "under the guise of encroachment removal, discriminatory and arbitrary demolition drive is being operated as a communal political game plan".

The petition states that people residing and working in Jahangir Puri area are generally very poor and marginalized who are incapable of resisting the illegal inhumane action of the Respondents. Majoirty of the residents in the area belong to the Muslim Community and the authorities are following a "selective and discriminatory action". Small houses and shops of the poor people were destroyed in the action.

Karat says that she was there at site from 10.45 AM onwards yesterday and told authorities about the status quo order of the Supreme Court but the demolition drive continued till 12.25 PM.

"It is most respectfully submitted that immediately on knowing about the aforesaid illegal inhumane action in violation of statues and the Constitution the matter was brought before this Hon'ble Court by way of mentioning on 20.04.2022 at 10.45 AM and a status quo order was passed by this Hon'ble Court. It is submitted that despite the fact that Petitioner herself rushed to the site of demolition i.e. Block-C of Jahangir Puri area and pleaded with the Municipal Authorities and the Police to stop the demolition stating that the Hon'ble Supreme Court of India had already stayed the demolition action – encroachment removal by way of status quo order they refused to stop the demolition action till 12.25 PM stating that they would not discontinue the operation till the order is produced. As a matter of fact the entire media, both print and electronic, have widely published the news regarding the intervention of the Hon'ble Supreme Court and the order of status quo against the demolition drive".

The petition filed through Advocate Biju P Raman further states :

"It is most respectfully submitted that now this Jahangir Puri demolition drive in the guise of encroachment removal is immediately after the unfortunate incident occurred in Jahangir Puri on 16th April. The fact-finding team of the Communist Party India (Marxist) and other Left parties has collected firsthand information from the field and the petitioner has written letter to the Commissioner of Police about the prejudiced and discriminatory approach of the police. Now, under the guise of encroachment removal discriminatory and arbitrary demolition drive is being operated as communal political game plan. The entire action is malafide"

The petition seeks to set aside the communication issued by the NDMC Assistant Commissioner to the Police seeking police assistance for the demolition drive on April 20 and 21. Also, the petition seeks to restrain the authorities from carrying out further demolition actions without following due process of law and seeks adequate compensation to the victims of illegal demolition.

Yesterday, a bench led by the Chief Justice of India had passed a status-quo order on the demolitions after an urgent mentioning was made by Senior Advocate Dushyant Dave in a petition filed by Islamic scholars organization Jamiat Ulama-i-Hind. The petition is listed today before a bench led by Justice L Nageswara Rao.