The court’s anger was visible as it dealt with the matter of illegal demolition, even while fending off criticism from BJP leaders who have accused the judiciary of interfering in the powers of the executive and legislature.
NEW DELHI: Today, 21st April: The Supreme Court of India came down strongly on an Andhra Pradesh government official for violating a 2013 Andhra Pradesh High Court order that clearly directed not to demolish slums in Hyderabad.
The court’s anger was visible as it dealt with the matter of illegal demolition, even while fending off criticism from BJP leaders who have accused the judiciary of interfering in the powers of the executive and legislature.
The incident under review dates back to 2013, when slums in Hyderabad were demolished despite clear instructions from the High Court against such action. The officer in question, who was then a tehsildar, is currently in jail and facing contempt of court charges.
He had approached the Supreme Court seeking relief, saying he had family responsibilities and risked losing his job if he remained in jail for over 48 hours.
But the Supreme Court bench, led by Justice BR Gavai, who is set to become the next Chief Justice of India, was in no mood to forgive.
“You took 80 policemen with you to violate court orders? You deliberately disobeyed court orders?”
The bench, clearly upset, warned that no one should take judicial orders lightly.
“If someone is playing with the dignity of the High Court… we will immediately arrest that person,” said Justice Gavai.
“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.”
The judge questioned how the demolition could have happened in the first place.
“How were the slums demolished despite a High Court order?”
The court was clearly referring to the 2013 High Court judgment that had protected the rights of slum residents from such actions.
The officer’s lawyer pleaded with the bench, explaining that the demolition occurred at a time of statewide protests over the bifurcation of Andhra Pradesh. He also mentioned the officer’s current family situation.
“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…”
“… and, if he remains in jail for more than 48 hours, he will lose his job.”
But the court was not swayed.
“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…”
When the lawyer tried to argue that the officer’s role had changed, saying:
“He is now the state government’s protocol director…”
Justice Gavai shot back sharply.
“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…”
“And we can demote him. Ask him if he wants to become a tehsildar again…”
Despite the tough talk, the court agreed to hear the officer’s petition, although it gave no indication of any relief being granted.
This intense moment in court comes at a time when the Supreme Court is facing criticism from BJP leaders, including Lok Sabha MP Nishikant Dubey, for allegedly crossing constitutional boundaries.
The recent flashpoint was a Supreme Court judgment that restricted the power of the President and Governors to delay bills passed twice by state legislatures. This came in response to a plea by the Tamil Nadu government, where Governor RN Ravi had withheld 10 bills, some pending for five years.
The top court termed the Governor’s actions as:
“illegal” and “arbitrary”
and issued specific timelines for clearing such bills.
BJP MP Nishikant Dubey responded angrily:
“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.”
Adding to this, Vice President Jagdeep Dhankhar, who had frequent face-offs with the Trinamool Congress while serving as Governor of West Bengal, also took aim at the court.
Referring to the use of Article 142 of the Constitution by the judiciary, he said:
“We cannot have a situation where you direct the President of India… Article 142 has become a nuclear missile against democratic forces…”
However, the BJP has officially distanced itself from these controversial remarks made by its members.
