The Evening Wrap: Supreme Court questions NDMC on Jahangirpuri demolition drive

“Do you need bulldozers to clear stalls, chairs, tables and boxes,” the Supreme Court asked the North Delhi Municipal Corporation (NDMC) on Thursday. A Bench of Justices L. Nageswara Rao and B.R. Gavai extended the status quo order on the “anti-encroachment” drive in Jahangirpuri until further orders. The question from the court came after Solicitor General Tushar Mehta, for the NDMC, explained that the law permitted the removal of “stalls, benches, boxes, ladders”, etc, occupying public streets and footpaths without permission. “So, the demolition carried out yesterday [in Jahangirpuri] was restricted to benches, boxes and chairs?” Justice Rao asked the Solicitor General. “Whatever was on public street, on footpath... That is my instruction,” Mehta said. “For stalls, benches, boxes, ladders and chairs, do you need a bulldozer,” Justice Gavai asked. The Solicitor General conceded that “when you need bulldozers, you need it for buildings”. The court allowed people affected by the demolition on Wednesday to file affidavits, especially on the point whether their possessions were destroyed without prior notice. The NDMC would file its reply. The court said it would list the case after two weeks. When Mehta raised a mild objection about continuing with the stay, Justice Rao shot back, “Do you want the structures to be demolished? And thereafter what will be left?” The court made it clear that it had no intention to turn a blind eye to demolitions that continued after the status quo order. “Mr. Solicitor, we take a serious view of the demolitions that took place after... after information [about status quo order] was given to the Mayor... We will deal with it later,” Justice Rao told Mehta. Earlier in the hearing, Communist Party of India (Marxist) leader Brinda Karat, represented by senior advocate P.V. Surendranath and advocate Subhash Chandran, submitted that the demolitions had continued despite the Supreme Court’s status quo order. “She witnessed the razing of six or seven buildings... She had to physically resist... Then only they stopped. If she had not been there, they would have completed the demolition of the entire Block C, My Lords... I am not bringing in politics. This is a fact,” Surendranath submitted. “The status quo order was passed at 10.45 a.m. What time was it communicated,” Justice Rao asked. “The Mayor himself had gone on media at 11 a.m. to say that Supreme Court order would be complied with... But then he complied with it at 12.45 p.m.,” senior advocate Dushyant Dave submitted. Senior advocate Kapil Sibal, who was present in court on Wednesday when the status quo order was passed, said he had urged the parties to immediately communicate the status quo order to the authorities. However, despite this, the demolition had continued. Senior advocate Sanjay Hegde, for Ganesh Gupta whose juice shop in Jahangirpuri was allegedly destroyed without prior notice, sought compensation. “It is inconceivable that property is demolished without prior notice... Right to life also includes right to livelihood and shelter. These are poor people... If you are worried about encroachments in Delhi, then come to Sainik Farms and Golf Links... come to South Delhi where every second building is unauthorised... Come and demolish them. There are 731 unauthorised colonies in Delhi, why is only this particular area being targeted... Has bulldozer become an instrument of State policy,” Dave challenged. “Is bulldozer meant to instill fear or is it a way of sidelining the rule of law? Muslim properties are being associated with demolitions... Somebody is accused of an offence, his home is demolished... Is this like an extra legal punitive measure,” Sibal asked. During the hearing, Mehta countered that prior notice about the anti-encroachment drive to clear public roads was indeed issued. In fact, this was the fifth day of a drive which began in January. The High Court had ordered demolition. He said allegations that a particular community was being targeted were factually incorrect. Mehta said 88 of the persons affected by the recent Khargone demolition drive in Madhya Pradesh were Hindus and 26 were Muslims. The Solicitor General questioned why organisations such as the Jamiat Ulama-I-Hind were moving the Supreme Court instead of individuals affected by the demolition. “Whenever an issue arises, instead of individuals, a particular section involves an organisation, and thereafter, the entire political spectrum also jumps in,” Mehta submitted. He said that if affected individuals came to court with specific grievances, the authorities could check whether prior notice was issued to them or not. “That is why organisations come and not individuals... Individuals would have to show proof and it would be clear whether notice was issued to them or not,” Mehta submitted. Mehta said the court should be careful while entertaining petitions which may become “a precursor to every spectrum jumping onto the bandwagon”. “Rest assured, Solicitor, we know where to put a stop,” Justice Rao responded. “If we learn that these petitions are frivolous, are we not entitled to bring any action against them,” Justice Gavai asked the Solicitor General. Gujarat MLA Jignesh Mevani arrested by Assam police over tweet Jignesh Mevani, independent MLA and a leading Dalit activist, was arrested by an Assam Police team on Wednesday midnight from a circuit house at Palanpur in Gujarat’s Banaskantha district. His arrest for a controversial tweet was based on a complaint lodged by Arup Kumar Dey, a BJP leader from Bhabanipur village in western Assam’s Kokrajhar district. The FIR was registered at the Kokrajhar police station on April 19. Mevani’s supporters said the police did not have a copy of the FIR with them when they arrested him in a non-bailable offence under relevant provisions of the Information Technology Act. He is being taken by train to be produced before a court in Assam. Kokrajhar’s Superintendent of Police Thube Prateek Vijay Kumar did not take calls. But another police official said Mevani’s arrest was in connection with an April 18 tweet the complainant found “objectionable”. The tweet was removed later. Dey’s complaint said Mevani took to Twitter to say “Prime Minister Narendra Modi worships and considers (Nathuram) Godse as God”. Referring to the MLA’s advice to the Prime Minister to appeal for peace and harmony during his April 20 visit to communal violence-affected places in Gujarati, the complainant said the tweet “has the propensity to disturb public tranquility, prejudicial to maintenance of harmony among a certain section of people”. Soon after the midnight arrest, the Gujarat Congress posted a video on its Twitter handle showing Mevani speaking to the media while being escorted by the police. “I have not been informed about the case, where it’s been filed. I have not been shown any papers related to the case,” he said. The MLA also said his tweet was meant to promote communal harmony and brotherhood. “My arrest is in violation of the established norms. I will fight,” he added. Mevani represents the Vadgam Assembly constituency. Govt has to take ‘unequivocal stand’ in Abu Salem case: Supreme Court The government cannot “hem and haw” over its solemn assurance to Portugal that gangster Abu Salem will not be sentenced to a prison term over 25 years or face death penalty, the Supreme Court told the Centre on Thursday. The government has to take an “unequivocal stand” now on whether it would abide by the assurance given to Portugal or not, the court said. A Bench led by Justice S.K. Kaul expressed its displeasure over certain portions of an affidavit filed by Union Home Secretary Ajay Kumar Bhalla, which said the court should focus on deciding Salem’s appeal against his conviction and life sentence in the 1993 Mumbai blasts case on its merits rather than take into consideration any “assurance” given by India to Portugal. Bhalla had told the court that it was “premature” now to discuss the assurance given in 2002, and the “appropriate time” to do so would be in 2030 when the end of the 25-year period comes up. The Home Secretary had told the court that the question of complying with the assurance would be examined when it arises in 2030 subject to “remedies available”. But the court said the “appropriate time” to discuss the assurance was “right now” when Salem’s appeal against his conviction and life sentence was pending before it. “Today, we have to decide whether to confirm his conviction and life sentence... For that, the government has to take a stand now...” Justice Kaul addressed Additional Solicitor General K.M. Nataraj. The court said it had to also decide in the appeal whether Salem’s 25-year period started from the very day he was taken into custody in Portugal. “All this has to be decided now. You have to take a stand now. You took a decision to extradite him from Portugal through a court process. For his extradition, you gave an assurance... Then what is the point of saying ‘we will think about it at the appropriate time and subject to remedies available then’?” Justice Kaul asked. The court took stern exception to Bhalla’s affidavit, saying it “virtually lectures us on what we should or not do”. “The Home Secretary is no one to tell us what we should or not do... Some portions of the affidavit are completely meaningless,” Justice Kaul observed. The court scheduled the case for May 5. Putin cancels Russian plans to storm Mariupol steel plant, opts for blockade instead Russian President Vladimir Putin ordered his forces not to storm the last remaining Ukrainian stronghold in the besieged city of Mariupol on Thursday but instead to block it “so that not even a fly comes through.” His defense minister, Sergei Shoigu, said the rest of the city beyond the sprawling Azovstal steel plant where Ukrainian forces were holed has been “liberated” — as Russian officials refer to areas of Ukraine they have seized. Putin hailed that as a “success.” But leaving the plant in Ukrainian hands robs the Russians of the ability to declare complete victory in Mariupol, which has seen some of the most dramatic fighting of the war and whose capture has both strategic and symbolic importance. The scale of suffering there has made it a worldwide focal point, and its definitive fall would deprive Ukraine of a vital port, complete a land bridge between Russia and the Crimean Peninsula, and free up Russian troops to move elsewhere in the Donbas. Shoigu said the plant was “securely blocked.” Putin and Shoigu’s comments appeared to reflect a change in strategy in Mariupol, where the Russians previously seemed determined to take every last inch of the city. But it was not clear what it would mean in practical terms. Ukrainian officials did not comment on the latest remarks, but earlier said four buses with civilians managed to escape from the city after several unsuccessful attempts. Thousands more remain the city, much of which has been reduced to a smoking ruin in a nearly two-month siege, with over 20,000 people feared dead. Ukraine’s Deputy Prime Minister Iryna Vereshchuk said another attempt to evacuate civilians from Mariupol would be made Thursday — though it was not clear how the latest comments would affect that. In Kyiv, Spain’s Prime Minister Pedro Sánchez and Denmark’s Mette Frederiksen became the latest European leaders to show support with a visit to the capital. They were due to meet with President Volodymyr Zelensky, who warned in a video address overnight that the Russians were not “abandoning their attempts to score at least some victory by launching a new, large-scale offensive.” “The West stands together to support the Ukrainian people,” Frederiksen, the Danish prime minister, said in a statement. Britain’s Defense Ministry said in an assessment that Russia likely desires to demonstrate significant successes ahead of its annual May 9 Victory Day celebrations. “This could affect how quickly and forcefully they attempt to conduct operations in the run-up to this date.” As fears grew for the fate of civilians in Mariupol, the Kyiv regional police said Thursday that two mass graves with nine bodies were discovered in the city of Borodyanka, northwest of the capital. The findings added to thousands of civilians reported killed by Russian forces, who have been accused of wholesale abuses of Ukrainians. On the battlefield, Ukraine said Moscow continued to mount assaults across the east, probing for weak points in Ukrainian defensive lines. Russia said it launched hundreds of missile and air attacks on targets that included concentrations of troops and vehicles. The Kremlin’s stated goal is the capture of the Donbas, the mostly Russian-speaking eastern region that is home to coal mines, metal plants and heavy-equipment factories. Detaching it from the rest of Ukraine would give Putin a badly needed victory two months into the war, after the botched attempt to storm the capital, Kyiv. The U.K. Defense Ministry said Russian forces were advancing from staging areas in the Donbas toward Kramatorsk, which continues to suffer from persistent rocket attacks. The Luhansk governor said Russian forces control 80% of his region, which is one of two that make up the Donbas. Before Russia invaded on February 24, the Kyiv government controlled 60% of the Luhansk region. Russia said it presented Ukraine with a draft document outlining its demands for ending the conflict — days after Putin said the talks were at a “dead end.” Kremlin spokesman Dmitry Peskov said that “the ball is in their court, we’re waiting for a response.” He gave no details on the draft, and it was not clear when it was sent or whether it offered anything new to the Ukrainians, who presented their own demands last month. Zelensky said he had not seen or heard of the proposal, though one of his top advisers said the Ukrainian side was reviewing it. In Brief U.K. Prime Minister Boris Johnson arrived in Ahmedabad, Gujarat, on Thursday morning, embarking on his first two-day visit to India. In Ahmedabad, he began his brief stay by visiting Mahatma Gandhi’s Sabarmati Ashram where he spent nearly 30 minutes. He met Ahmedabad-based billionaire Gautam Adani to discuss business and investment opportunities, and visited Halol to inaugurate a new factory set up by a leading U.K.-based group to manufacture JCB machines. Evening Wrap will return tomorrow [logo] The Evening Wrap 21 APRIL 2022 [The Hindu logo] Welcome to the Evening Wrap newsletter, your guide to the day’s biggest stories with concise analysis from The Hindu. [[Arrow]Open in browser]( [[Mail icon]More newsletters]( Jahangirpuri anti-encroachment drive: Do you need bulldozers to remove chairs, tables, benches, Supreme Court asks NDMC “Do you need bulldozers to clear stalls, chairs, tables and boxes,” [the Supreme Court asked the North Delhi Municipal Corporation (NDMC)]( on Thursday. A Bench of Justices L. Nageswara Rao and B.R. Gavai extended the status quo order on the “anti-encroachment” drive in Jahangirpuri until further orders. The question from the court came after Solicitor General Tushar Mehta, for the NDMC, explained that the law permitted the removal of “stalls, benches, boxes, ladders”, etc, occupying public streets and footpaths without permission. “So, the demolition carried out yesterday [in Jahangirpuri] was restricted to benches, boxes and chairs?” Justice Rao asked the Solicitor General. “Whatever was on public street, on footpath... That is my instruction,” Mehta said. “For stalls, benches, boxes, ladders and chairs, do you need a bulldozer,” Justice Gavai asked. The Solicitor General conceded that “when you need bulldozers, you need it for buildings”. [Residents and security personnel in Jahangirpuri on April 21, 2022, a day after the NDMC demolition drive. ] The court allowed people affected by the demolition on Wednesday to file affidavits, especially on the point whether their possessions were destroyed without prior notice. The NDMC would file its reply. The court said it would list the case after two weeks. When Mehta raised a mild objection about continuing with the stay, Justice Rao shot back, “Do you want the structures to be demolished? And thereafter what will be left?” The court made it clear that it had no intention to turn a blind eye to demolitions that continued after the status quo order. “Mr. Solicitor, we take a serious view of the demolitions that took place after... after information [about status quo order] was given to the Mayor... We will deal with it later,” Justice Rao told Mehta. Earlier in the hearing, Communist Party of India (Marxist) leader Brinda Karat, represented by senior advocate P.V. Surendranath and advocate Subhash Chandran, submitted that the demolitions had continued despite the Supreme Court’s status quo order. “She witnessed the razing of six or seven buildings... She had to physically resist... Then only they stopped. If she had not been there, they would have completed the demolition of the entire Block C, My Lords... I am not bringing in politics. This is a fact,” Surendranath submitted. “The status quo order was passed at 10.45 a.m. What time was it communicated,” Justice Rao asked. “The Mayor himself had gone on media at 11 a.m. to say that Supreme Court order would be complied with... But then he complied with it at 12.45 p.m.,” senior advocate Dushyant Dave submitted. Senior advocate Kapil Sibal, who was present in court on Wednesday when the status quo order was passed, said he had urged the parties to immediately communicate the status quo order to the authorities. However, despite this, the demolition had continued. Senior advocate Sanjay Hegde, for Ganesh Gupta whose juice shop in Jahangirpuri was allegedly destroyed without prior notice, sought compensation. “It is inconceivable that property is demolished without prior notice... Right to life also includes right to livelihood and shelter. These are poor people... If you are worried about encroachments in Delhi, then come to Sainik Farms and Golf Links... come to South Delhi where every second building is unauthorised... Come and demolish them. There are 731 unauthorised colonies in Delhi, why is only this particular area being targeted... Has bulldozer become an instrument of State policy,” Dave challenged. “Is bulldozer meant to instill fear or is it a way of sidelining the rule of law? Muslim properties are being associated with demolitions... Somebody is accused of an offence, his home is demolished... Is this like an extra legal punitive measure,” Sibal asked. During the hearing, Mehta countered that prior notice about the anti-encroachment drive to clear public roads was indeed issued. In fact, this was the fifth day of a drive which began in January. The High Court had ordered demolition. He said allegations that a particular community was being targeted were factually incorrect. Mehta said 88 of the persons affected by the recent Khargone demolition drive in Madhya Pradesh were Hindus and 26 were Muslims. The Solicitor General questioned why organisations such as the Jamiat Ulama-I-Hind were moving the Supreme Court instead of individuals affected by the demolition. “Whenever an issue arises, instead of individuals, a particular section involves an organisation, and thereafter, the entire political spectrum also jumps in,” Mehta submitted. He said that if affected individuals came to court with specific grievances, the authorities could check whether prior notice was issued to them or not. “That is why organisations come and not individuals... Individuals would have to show proof and it would be clear whether notice was issued to them or not,” Mehta submitted. Mehta said the court should be careful while entertaining petitions which may become “a precursor to every spectrum jumping onto the bandwagon”. “Rest assured, Solicitor, we know where to put a stop,” Justice Rao responded. “If we learn that these petitions are frivolous, are we not entitled to bring any action against them,” Justice Gavai asked the Solicitor General. Gujarat MLA Jignesh Mevani arrested by Assam police over tweet Jignesh Mevani, independent MLA and a leading Dalit activist, was [arrested by an Assam Police team]( on Wednesday midnight from a circuit house at Palanpur in Gujarat’s Banaskantha district. His arrest for a controversial tweet was based on a complaint lodged by Arup Kumar Dey, a BJP leader from Bhabanipur village in western Assam’s Kokrajhar district. The FIR was registered at the Kokrajhar police station on April 19. [Congress supporters are detained at Sarangpur during a protest against the arrest of MLA Jingnesh Mevani in Ahmedabad on April 21, 2022. ] Mevani’s supporters said the police did not have a copy of the FIR with them when they arrested him in a non-bailable offence under relevant provisions of the Information Technology Act. He is being taken by train to be produced before a court in Assam. Kokrajhar’s Superintendent of Police Thube Prateek Vijay Kumar did not take calls. But another police official said Mevani’s arrest was in connection with an April 18 tweet the complainant found “objectionable”. The tweet was removed later. Dey’s complaint said Mevani took to Twitter to say “Prime Minister Narendra Modi worships and considers (Nathuram) Godse as God”. Referring to the MLA’s advice to the Prime Minister to appeal for peace and harmony during his April 20 visit to communal violence-affected places in Gujarati, the complainant said the tweet “has the propensity to disturb public tranquility, prejudicial to maintenance of harmony among a certain section of people”. Soon after the midnight arrest, the Gujarat Congress posted a video on its Twitter handle showing Mevani speaking to the media while being escorted by the police. “I have not been informed about the case, where it’s been filed. I have not been shown any papers related to the case,” he said. The MLA also said his tweet was meant to promote communal harmony and brotherhood. “My arrest is in violation of the established norms. I will fight,” he added. Mevani represents the Vadgam Assembly constituency. Govt has to take ‘unequivocal stand’ in Abu Salem case: Supreme Court The government cannot “hem and haw” over its solemn assurance to Portugal that gangster Abu Salem will not be sentenced to a prison term over 25 years or face death penalty, [the Supreme Court told the Centre]( on Thursday. The government has to take an “unequivocal stand” now on whether it would abide by the assurance given to Portugal or not, the court said. A Bench led by Justice S.K. Kaul expressed its displeasure over certain portions of an affidavit filed by Union Home Secretary Ajay Kumar Bhalla, which said the court should focus on deciding Salem’s appeal against his conviction and life sentence in the 1993 Mumbai blasts case on its merits rather than take into consideration any “assurance” given by India to Portugal. Bhalla had told the court that it was “premature” now to discuss the assurance given in 2002, and the “appropriate time” to do so would be in 2030 when the end of the 25-year period comes up. The Home Secretary had told the court that the question of complying with the assurance would be examined when it arises in 2030 subject to “remedies available”. But the court said the “appropriate time” to discuss the assurance was “right now” when Salem’s appeal against his conviction and life sentence was pending before it. “Today, we have to decide whether to confirm his conviction and life sentence... For that, the government has to take a stand now...” Justice Kaul addressed Additional Solicitor General K.M. Nataraj. The court said it had to also decide in the appeal whether Salem’s 25-year period started from the very day he was taken into custody in Portugal. “All this has to be decided now. You have to take a stand now. You took a decision to extradite him from Portugal through a court process. For his extradition, you gave an assurance... Then what is the point of saying ‘we will think about it at the appropriate time and subject to remedies available then’?” Justice Kaul asked. The court took stern exception to Bhalla’s affidavit, saying it “virtually lectures us on what we should or not do”. “The Home Secretary is no one to tell us what we should or not do... Some portions of the affidavit are completely meaningless,” Justice Kaul observed. The court scheduled the case for May 5. Putin cancels Russian plans to storm Mariupol steel plant, opts for blockade instead Russian President Vladimir Putin [ordered his forces not to storm the last remaining Ukrainian stronghold in the besieged city of Mariupol]( on Thursday but instead to block it “so that not even a fly comes through.” His defense minister, Sergei Shoigu, said the rest of the city beyond the sprawling Azovstal steel plant where Ukrainian forces were holed has been “liberated” — as Russian officials refer to areas of Ukraine they have seized. Putin hailed that as a “success.” But leaving the plant in Ukrainian hands robs the Russians of the ability to declare complete victory in Mariupol, which has seen some of the most dramatic fighting of the war and whose capture has both strategic and symbolic importance. The scale of suffering there has made it a worldwide focal point, and its definitive fall would deprive Ukraine of a vital port, complete a land bridge between Russia and the Crimean Peninsula, and free up Russian troops to move elsewhere in the Donbas. Shoigu said the plant was “securely blocked.” Putin and Shoigu’s comments appeared to reflect a change in strategy in Mariupol, where the Russians previously seemed determined to take every last inch of the city. But it was not clear what it would mean in practical terms. Ukrainian officials did not comment on the latest remarks, but earlier said four buses with civilians managed to escape from the city after several unsuccessful attempts. Thousands more remain the city, much of which has been reduced to a smoking ruin in a nearly two-month siege, with over 20,000 people feared dead. Ukraine’s Deputy Prime Minister Iryna Vereshchuk said another attempt to evacuate civilians from Mariupol would be made Thursday — though it was not clear how the latest comments would affect that. In Kyiv, Spain’s Prime Minister Pedro Sánchez and Denmark’s Mette Frederiksen became the latest European leaders to show support with a visit to the capital. They were due to meet with President Volodymyr Zelensky, who warned in a video address overnight that the Russians were not “abandoning their attempts to score at least some victory by launching a new, large-scale offensive.” “The West stands together to support the Ukrainian people,” Frederiksen, the Danish prime minister, said in a statement. Britain’s Defense Ministry said in an assessment that Russia likely desires to demonstrate significant successes ahead of its annual May 9 Victory Day celebrations. “This could affect how quickly and forcefully they attempt to conduct operations in the run-up to this date.” As fears grew for the fate of civilians in Mariupol, the Kyiv regional police said Thursday that two mass graves with nine bodies were discovered in the city of Borodyanka, northwest of the capital. The findings added to thousands of civilians reported killed by Russian forces, who have been accused of wholesale abuses of Ukrainians. On the battlefield, Ukraine said Moscow continued to mount assaults across the east, probing for weak points in Ukrainian defensive lines. Russia said it launched hundreds of missile and air attacks on targets that included concentrations of troops and vehicles. The Kremlin’s stated goal is the capture of the Donbas, the mostly Russian-speaking eastern region that is home to coal mines, metal plants and heavy-equipment factories. Detaching it from the rest of Ukraine would give Putin a badly needed victory two months into the war, after the botched attempt to storm the capital, Kyiv. The U.K. Defense Ministry said Russian forces were advancing from staging areas in the Donbas toward Kramatorsk, which continues to suffer from persistent rocket attacks. The Luhansk governor said Russian forces control 80% of his region, which is one of two that make up the Donbas. Before Russia invaded on February 24, the Kyiv government controlled 60% of the Luhansk region. Russia said it presented Ukraine with a draft document outlining its demands for ending the conflict — days after Putin said the talks were at a “dead end.” Kremlin spokesman Dmitry Peskov said that “the ball is in their court, we’re waiting for a response.” He gave no details on the draft, and it was not clear when it was sent or whether it offered anything new to the Ukrainians, who presented their own demands last month. Zelensky said he had not seen or heard of the proposal, though one of his top advisers said the Ukrainian side was reviewing it. In Brief U.K. Prime Minister Boris Johnson arrived in Ahmedabad, Gujarat, on Thursday morning, embarking on his first two-day visit to India.  In Ahmedabad, [he began his brief stay by visiting Mahatma Gandhi’s Sabarmati Ashram]( he spent nearly 30 minutes. 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