The Supreme Court heard the pleas challenging Sarai Kale Khan night shelter demolition drive on Wednesday. When a lawyer informed the court that the night shelter was already demolished, the court said one has to now consider the question of rehabilitation. The matter was urgently mentioned by Advocate Prashant Bhushan.
The Delhi Police had earlier asked the Delhi Urban Shelter Improvement Board (DUSIB) to shift the night shelter at Sarai Kale Khan before the scheduled G20 summit in September amid concerns that it is being used by criminals and miscreants, officials were quoted by saying on Tuesday.
“The identity proofs of the people staying in the night shelter are not thoroughly verified and criminals and miscreants often use it as a hiding place after submitting forged Aadhaar cards and other proofs," police said in a letter to the DUSIB.
On Wednesday, Advocate Prashant Bhushan mentioned the matter before the bench and said the demolition was supposed to start at 10.30 am but the authorities started it at 10 am. He said the night shelter has been demolished and that over 50 people were availing of the night shelter.
When he said that demolition has been done, the bench observed, "Nothing can be done now at this stage. "If it is demolished, we have to now consider the question of rehabilitation...The urgency element has gone away," the top court said.
Bhushan initially mentioned the matter for urgent hearing before a bench headed by Chief Justice D Y Chandrachud. He told the bench that earlier the matter pertaining to homeless people was heard by a bench of Justices SR Bhat and Dipankar Datta.
The CJI said that Justice Bhat was not available today and granted him liberty to mention the matter before a bench comprising Justice Datta. Bhushan rushed to the bench headed by Justice Roy which was in the midst of hearing a matter listed before it.
"The homeless matter is pending before this court. The issue is about a night shelter for homeless people," Bhushan told the Supreme Court. "One night shelter is being demolished right now without providing alternative accommodation. They (authorities) have preponed the demolition. It was supposed to start at 10.30 am but it started at 10 am today," Bhushan said.
The bench told him to call the counsel for the other side so that the matter can be heard. He told the bench that matter pertaining to homeless people is slated to come up for hearing on February 22 and his application on the issue concerning demolition of night shelter at Sarai Kale Khan be heard on that day.
"We can take it up on that day," the bench observed, while asking Bhushan to incorporate the subsequent developments in the matter.
The matter was fixed for further hearing on February 22, when related cases concerning shelters are due to be taken up.
'Demolition drive conducted because...'
Sources in the Delhi Urban Shelter Improvement Board (DUSIB) said the demolition drive was conducted to make way for a proposed metro corridor in the area. "DUSIB was informed about the drive around two to three weeks ago. The decision was taken as a metro corridor is being built in the area," the sources said.
Security was beefed up near the shelter home at Sarai Kale Khan with police personnel being deployed and barricades erected around the area.
"Seeking police deployment for the demolition process was part of the protocol," the DUSIB sources said.
(With inputs from PTI)
First Published: Feb 15, 2023 1:04 PM IST
