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Why action despite SC order: Court had to intervene 2 times in 3 hours, expert said - Supreme Court is supreme, its order must be respected

The Supreme Court has stayed the action of MCD to remove illegal occupation in Jahangirpuri. MCD team reached Jahangirpuri at 10 am on Wednesday and started Operation Bulldozer. At 10.45 am, the Supreme Court ordered to stop it and maintain status quo. Despite this the action was not stopped. The Supreme Court again intervened on the objection of the petitioner. Ordered to immediately deliver the order to MCD and Delhi Police.


After 2 interventions in the entire episode of 3 hours, finally at 12.45 pm the Municipal Corporation of Delhi stopped its action. Bhaskar spoke to Supreme Court lawyer Virag Gupta on this entire matter. Know the aspects related to order and execution in 4 points from legal experts ...




1. Petition was not filed regarding Jahangirpuri

Virag Gupta said- A PIL was filed in the Supreme Court before the Jahangirpuri case of Delhi. It was said in that petition that the bulldozer culture is against the law and the Constitution. In this, the Delhi High Court had said that it would hear after noon. But when the hearing took place before the Supreme Court, the court ordered the status quo to be maintained, and asked the matter to be heard the next day.


After 2 hours of the Supreme Court order, the Municipal Corporation of Delhi stopped the action. Now it will come up for hearing on Thursday (April 21).

After 2 hours of the Supreme Court order, the Municipal Corporation of Delhi stopped the action. Now it will come up for hearing on Thursday (April 21).

2. Supreme Court orders MCD to provide information immediately

Virag says that when the Delhi Municipal Corporation did not stop its action despite the order of the Supreme Court, the petitioner's lawyers objected to it. After this, the court ordered the Secretary General of the Supreme Court and said that the parties involved in this matter, i.e. MCD and Delhi Police, should be informed about this order immediately.


Also read: Operation Bulldozer in Delhi in PHOTOS: 9 bulldozers trampled illegal constructions at the site of violence, people were seen crying


3. After the information, it is necessary to respect the order of the Supreme Court

Says Virag, “The traditional approach in Supreme Court cases has been that action was taken only after a certified copy of the order was received. It was then said that the official document of the order had been found. Due to this, there was a delay in the case, to eliminate which the online order itself was recognized by the courts for the certified order. Now certified copy is not demanded in most of the cases.


He further said, 'There are many times in the posting of online orders too, for which now lawyers ask for hand written orders on the same day and serve the opposition party. If we look at the case of Jahangirpuri, then in the age of social media and TV media, updates of the Supreme Court order were being given. Official statements were also coming, that is, the people concerned have come to know about it. Now that the information has been received, it is a tradition according to the protocol that the order may come later, but it is necessary to respect the order of the highest court of the country.


The civic body had called 400 personnel from Delhi Police to maintain law and order during the operation.

The civic body had called 400 personnel from Delhi Police to maintain law and order during the operation.

4. The authorities played a game of mouse and cat with the law

Virag Gupta said, 'Despite the order of the Supreme Court, the officials are saying that if they do not get the order, then this game of mouse and cat is being played with the law. When the Kangana Ranaut case happened in Maharashtra, the government there too did not stop the encroachment removal action despite the court's order. This game is being played all over the country. This trend of police, administration and bureaucracy playing with the courts is a matter of concern for the judicial system.


Also read: Story of bulldozer: Backhoe loader is the correct name of bulldozer, the first machine made by JCB in 1953


Know the objection of the petitioner and the question of the Supreme Court

Senior advocate Dushyant Dave, on the petition filed against bulldozer culture, told the court, "Despite the order, sabotage is not being stopped." You inform the MCD to the Secretary General and the order to the Commissioner of Police. On this, the CJI asked him whether all these people were a party. After this Dave had said that we are a democratic society, but the officials are not stopping. It is sad that the world is knowing your order and the authorities are not stopping. This sends a wrong message.


Despite the order of the Supreme Court, the bulldozer operation was going on. MCD demolished the platform outside the mosque of Jahangirpuri.

Despite the order of the Supreme Court, the bulldozer operation was going on. MCD demolished the platform outside the mosque of Jahangirpuri.

Administration took steps after Jahangirpuri violence

After the violence in Delhi's Jahangirpuri, the MCD and the administration took action on Wednesday morning to bulldozers on illegal constructions in this area. Within an hour, the Supreme Court stayed the operation. The court said that status quo should be maintained in Jahangirpuri till tomorrow's hearing.


When Delhi's Special Police Commissioner Deependra Pathak was asked about Operation Bulldozer, he had said that the Municipal Corporation would take a decision on the orders of the Supreme Court. We are here to provide protection and support to MCD. In such a situation, questions are being raised on the attitude of MCD.

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