Such illegal action by the MCD has moved the peaceful citizens of the country. With that in view, the lawyers of the Jamiat approached the court.
NEW DELHI – The Supreme Court, on Wednesday, stayed the demolition drive started by the North Delhi Municipal Corporation (NDMC) against alleged encroachments in the Jahangirpuri area in the aftermath of communal violence that took place last week. A Bench headed by the Chief Justice of India N V Ramana ordered status quo in the case on a mention made by Senior Advocate Dushyant Dave representing Jamiat Ulama-i-Hind (JUH).
It should be noted here that the NDMC had announced immediate demolition in the Jahangirpuri region of Delhi in violation of the law, procedure and democratic norms. Such illegal action by the MCD has moved the peaceful citizens of the country. With that in view, on the direction of Maulana Mahmood Asa’d Madani, President of JUH, the lawyers of the Jamiat approached the court.
Maulana Niaz Ahmad Farooqi , the Secretary of JUH is the petitioner representing the JUH while Adv. R Shamshad is the advocate on record.
In his petition, the JUH lawyer, Dushyant pleaded, “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 pm but they started the demolition today morning at 9 am knowing that we will mention.”
After hearing the petition, the CJI ordered, “Maintain status quo. List before appropriate bench tomorrow.”
But despite the status quo order passed by the apex court on the morning of April 20, the demolition drive was carried out using bulldozers. Dave had to approach the court again. This time the CJI directed the Supreme Court’s registry to immediately communicate the status quo order to the authorities of the NDMC with respect to the demolition drive at riots-hit Jahangirpuri area.
“They say order is not communicated. Please communicate, ask secretary General,” Dave urged the CJI, adding “It was widely reported in media immediately. This is not right! We are in rule of law society.”
The CJI directed the court staff to take down the contact numbers of the NDMC Mayor, Commissioner and Delhi Police Commissioner from Dave. “Communicate it (the order) through Secretary General or Registrar General immediately,” CJI said.
“It’ll be too late otherwise,” Dave pleaded.
“We are communicating,” CJI assured.
“I’m feeling sad, despite world knowing that this court passed orders they are not stopping. It sends a wrong message”, Dave expressed his anguish.
Meanwhile, Advocate on Record M R Shamshad wrote a letter to the Mayor of North Delhi Municipal Corporation, NCT of Delhi, Delhi Police informing them of the decision of the Supreme Court to stop the immediate demolition.
Maulana Niaz Ahmed Farooqi, petitioner on behalf of JUH said that this country is governed by law and principles, but what is happening in Jahangirpuri is a matter of total tyranny and cruelty. There is a legal way to demolish a legal house or shop, which has been ignored by the MCD, so the JUH was forced to go to court.
Under all these circumstances, on the direction of the president of the JUH, Maulana Mahmood Madani, a delegation of the Jamiat visited the affected area and announced to fight cases of those framed in the riots. Reacting to the immediate order issued by the court, Maulana Madani said that the Jamiat would fight the case diligently in the court to bring justice to the oppressed.