करंट टॉपिक्स

Do not make Supreme Court a platform to come on behalf of a political party

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New Delhi. “You will be advised better to approach high court. Do not make this such a platform and come on behalf of a political party,” said Supreme Court.

Supreme Court on Monday refused to entertain the public interest litigation (PIL) petition filed by Communist Party of India (Marxist) challenging the South Delhi Municipal Corporation’s planned anti-encroachment drives.

A bench of Justices L Nageswara Rao and BR Gavai cautioned the political party against making the apex court a political platform.

The plea by CPI(M) stated that the demolition of allegedly irregular properties would be an illegal and inhumane action in total violation of the principles of natural justice and the Constitution of India.

The plea claimed that the occupants are not illegal encroachers or unauthorised occupants as alleged by the respondent authorities.

Solicitor General Tushar Mehta, however, disputed the claims in the petition.

“Please see what kind of misrepresentations are going to create a political hype. It is said removal of encroachment from public road is routine and notice is not needed. This is a removal of scrape-holdings, like tables, chairs outside on the road is removed by shop owners themselves. But from where are they getting information that buildings are being brought down,” SG Mehta demanded.

Justice Rao asked petitioner’s lawyers Senior Counsel PV Surendranath why CPI(M) was before the Court.

“What is the fundamental right violation under Article 32,” Justice Gavai demanded.

“It is in public interest milord and not the party interest,” Surendranath replied.

The Court said that it entertained earlier petitions related to Jahangirpuri demolition since structures were brought down.

“Here also structures were brought down, there is hawker union here,” replied Surendranath.

“We don’t know what is being demolished. Hawkers factually are not in any building. We will not entertain this,” the bench made it clear.

The petitioner then proceeded to withdraw the plea.

“We are informed that petition is being withdrawn. Withdrawal permitted with liberty to move High Court,” the Court noted in its order.

No stay or interim relief was granted.

Input Courtesy – Bar and Bench

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