The Supreme Court Today (July 21) slammed Samajwadi Party for misusing political power to occupy a municipal building in Pilibhit at just Rs 115 rent. The Court refused to protect them from eviction, calling it a case of political and muscle misuse.
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NEW DELHI: The Supreme Court of India strongly criticised the Samajwadi Party, refusing to hear its plea against being evicted from a government building in Pilibhit. The Court said that the Party used political influence and power to illegally occupy a property meant for public use.
A bench of Justices Surya Kant and Joymalya Bagchi told the Party that it should go to the trial court, where its civil case is already pending.
The Supreme Court clearly said it would not give any temporary protection from eviction.
“We can’t assume the role of civil court and grant you injunction. These are not allotments, these are all fraudulent occupations using political money and muscle power,”
-the Bench observed.
Senior Advocate Siddhartha Dave, who appeared for the Party, argued that the Party got the property legally in 2005. He said that if they want to evict the Party, they must do it through legal steps.
“I was allotted this premises. If they have to evict me, they have to go to Court,”
-he told the Bench.
Justice Surya Kant immediately questioned the way the property was allotted:
“How did you take it?”
-he asked.
When Dave said that the Nagar Palika Parishad gave them the office in 2005 and the Party had been paying rent regularly, the Court strongly objected.
“If you misuse and abuse your political power like this… you were the party in power and therefore for Rs 115 do you think a municipal building will be available for a political party?”
-Justice Kant asked.
Dave again said that proper legal steps must be followed to evict the Party:
“They have to go to a court of law,”
-he said.
The Court did not accept this and gave a harsh response on political misuse.
“When you misuse your political position and power, you don’t remember at that time what law should be followed. When question of taking action comes, then you remember everything,”
-Justice Kant said.
He also pointed out how unfair such low rent was in a municipal area:
“Have you ever had a building of municipality within a municipal area at Rs 115? And you want us to believe it? People of this country should have some faith in the system,”
-the Bench said.
Dave told the Court that a civil suit is already going on in the trial court and that the Party is seeking protection there from eviction.
But the Court made it very clear that it cannot interfere while the suit is pending.
“In any case, right now you are an unauthorised occupant. You can apply for injunction in your suit,”
-Justice Kant said.
Dave then explained that the local court was not working properly because of frequent lawyer strikes:
“Every time the suit gets listed, the court goes on strike. Again it’s listed, court goes on strike,”
-he complained.
He also asked for four weeks’ protection from eviction and said the case in the lower court might not even be valid because the court was not functioning.
“The suit has no maintainability… the court is on strike,”
-he submitted.
Justice Kant didn’t agree with this and replied:
“Because it was unauthorisedly filed,”
-he said.
When Dave repeated that the court was on strike, Justice Kant made a correction.
“Please don’t say court was on strike, the lawyers were on strike. Don’t blame us for everything,”
-Justice Kant clarified.
In the end, the Supreme Court clearly said that the Samajwadi Party must follow the proper legal process in the trial court and that the Supreme Court cannot provide special relief when the Party is occupying the property without legal right.
CASE TITLE:
The Samajwadi Party vs State of UP & Anr.
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