SC will take serious action against the disobedience of its order to maintain the status quo in the Jahangirpuri

CASE: Jamiat Ulama I Hind v. North Delhi Municipal Corporation

BENCH: Justices L Nageswara Rao and BR Gavai

The Supreme Court said that it would take serious action on the apparent disobedience of its order to maintain the status quo in the Jahangirpuri demolition drive that was to be carried out by the North Delhi Municipal Corporation ("NDMC").

The Court issued notice to NDMC in the batch of petitions highlighting the demolition drives in Delhi's Jahangirpuri. The matter has been listed for two weeks from today. Meanwhile, the bench ordered to operate status quo order in the area.

FACTS

NDMC, run by the BJP, started a two-day anti-encroachment drive in Jahangirpuri after violent clashes between two communities on Hanuman Jayanti.

Delhi BJP Chief Adesh Gupta has also written to the mayor of the NDMC to identify illegal constructions of "rioters" in Jahangirpuri and demolish them.

On Wednesday, the Court ordered status quo on the demolition in Jahangir. The demolition drive started despite the Court's order.

ARGUMENTS

Senior Advocate Dushyant Dave, appearing for the petitioners, submitted that a particular section of society was being targeted through the demolition drive. "NDMC knew we would start the hearing at 10.30 am, still NDMC began demolition at 9 am. They continued demolishing even after the status quo order was passed." He further mentioned that, under Delhi Municipal Corporation Act, before demolition, a reasonable opportunity should be given to be heard.

Senior Advocate Kapil Sibal said that though encroachment was a serious problem in the country, it was increasingly associated with Muslims. 

CPI(M) leader Brinda Karat also moved the apex court stating that the demolition did not stop till 12.45, even an hour after the bench ordered status quo.