New Delhi:
The Supreme Court – battling claims by some BJP leaders, including Lok Sabha MP Nishikant Dubey, about ‘encroaching’ on the government’s executive and legislative functions – dealt with a more literal case of encroachment Tuesday. This was from Andhra Pradesh and the court was unforgiving.
The court rebuked a state official for having “deliberately disobeyed” a 2013 Andhra Pradesh High Court order to not demolish Hyderabad slums. “You took 80 policemen with you to violate court orders? You deliberately disobeyed court orders?” a disbelieving court asked the officer.
An irate bench led by Justice BR Gavai, who next month will succeed Chief Justice Sanjiv Kumar to the post, then warned anyone considering ignoring judicial orders, at any level.
“If someone is playing with the dignity of the High Court… we will immediately arrest that person,” Justice Gavai said, “Does he (the Andhra official who led the demolition) consider himself above the High Court? No concession for those who do not respect the law.”
“How were the slums demolished despite a High Court order?” he asked.
Justice Gavai was referring to a 2013 order on the rights of slum residents.
On 12-Year-Old Demolitions
The Supreme Court was responding to a petition by one of the state government officials involved in that demolition, who is now in jail and faces a contempt of court charge.
The officer had approached the top court for relief against that charge.
During the hearing, the officer asked to be released from jail citing family responsibilities.
“He was the tehsildar (land revenue officer) and this happened when protests were going on over the bifurcation of Andhra Pradesh. He has two children…” the officer’s lawyer said.
“… and, if he remains in jail for more than 48 hours, he will lose his job.”
But the court was unmoved. “Did he think about the children whose houses he demolished? What about those children? He dared to violate the High Court’s directions in 2013…”
The officer’s lawyer also pointed out his client’s role has changed since, arguing, “He is now the state government’s protocol director…”
The court, and Justice Gavai, was still unmoved. “So now his job is to welcome VIPs and clear the roads by demolishing slums? He should stay (in jail) and enjoy state hospitality. Or we can impose heavy costs… for people whose houses he demolished…” the judge warned.
“And we can demote him. Ask him if he wants to become a tehsildar again…”
Nevertheless, after these biting remarks, the Supreme Court said it would hear the petition.
Supreme Court’s Judicial Overreach?
The top court has been criticised by members of the ruling BJP after a landmark verdict limiting the power of the President and Governors to delay bills passed twice by state governments.
READ | Behind BJP MP’s ‘Crossing Limits’ Jab, Top Court’s TN Verdict
That order was in the context of the Tamil Nadu government’s plea against Governor RN Ravi holding up 10 bills, some of which have been pending for five years. The court ruled the Governor’s actions “illegal” and “arbitrary”, and specified timelines to greenlight state bills.
Reacting to the judgment, Mr Dubey said Parliament would be shut down if the Supreme Court were to make all decisions. “Supreme Court is crossing its limits. If one has to go to the Supreme Court for everything, then Parliament and State Assembly should be shut,” he said.
READ | “As It Is, We’re…”: Next Chief Justice Reacts To Attacks On Judiciary
Vice President Jagdeep Dhankhar – who, as the Governor of Bengal, had run-ins with the ruling Trinamool – also targeted the Supreme Court. “We cannot have a situation where you direct the President of India… Article 142 has become a nuclear missile against democratic forces…”
The BJP has, on paper, distanced itself from such remarks by its leaders.
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