The Supreme Court, addressing allegations from certain BJP leaders, such as Lok Sabha MP Nishikant Dubey, regarding ‘encroaching’ into the government’s executive and legislative roles, tackled a more straightforward case of encroachment on Tuesday. The case was from Andhra Pradesh, and the court showed no leniency.
The court reprimanded a state official for “deliberately disobeyed” a 2013 Andhra Pradesh High Court directive against demolishing slums in Hyderabad. “You took 80 policemen with you to violate court orders? You deliberately disobeyed court orders?” a shocked court inquired of the officer.
A furious bench headed by Justice BR Gavai, who is set to replace Chief Justice Sanjiv Kumar next month, subsequently cautioned anyone thinking of disregarding judicial orders at any level.
Justice Gavai warned that if anyone plays with the dignity of the High Court, he will be arrested. He also inquired whether the Andhra official considers himself above the High Court further stating that there would be no leniency for disregarding the law.
“How were the slums demolished despite a High Court order?” he asked.
Justice Gavai was referencing a 2013 ruling concerning the rights of slum dwellers.
The Supreme Court reacted to a request from a state government official associated with that demolition, who is currently in jail and facing a contempt of court accusation.
“… and, if he remains in jail for more than 48 hours, he will lose his job.”
The lawyer for the officer also noted that his client’s position has shifted since, asserting, “He is now the state government’s protocol director…”
The court and Justice Gavai remained 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,” the judge remarked.
Despite these harsh comments, the Supreme Court announced it would consider the petition.
Members of the ruling BJP have criticized the top court following a landmark ruling that restricts the authority of the President and Governors in postponing bills passed twice by state governments.
That order was made in relation to the Tamil Nadu government’s plea concerning Governor RN Ravi’s delay of 10 bills, a few of which have been awaiting approval for five years. The court determined that the Governor’s actions were “illegal” and “arbitrary,” and established timelines for approving state bills.
In response to the ruling, Dubey stated that Parliament would be dissolved if the Supreme Court were to have the authority 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.
Vice President Jagdeep Dhankhar – who as the Governor of Bengal, clashed with the ruling Trinamool – also criticized the Supreme Court. “We cannot allow a scenario where you guide the President of India… Article 142 has turned into a nuclear mission against democratic forces…”
