NEW DELHI: Objecting to the recent observations made by the Supreme Court, the Aam Aadmi Party (AAP) govt had told and made it clear to the Supreme Court on Friday that it has not "encroached" the land of the Delhi High Court at Rouse Avenue here and that the space was allotted to it in 2015.
The AAP had knocked the doors of the Top Court against a direction for immediate removal of its office space at Rouse Avenue.
The AAP had in its plea said that if it would be directed to remove its office space, then it would severely prejudice the party as well as the fairness of the electoral process in view of upcoming Lok Sabha polls.
The AAP filed an application before the Apex Court in connection with a pending case involving the ssue of judicial infrastructure, and sought appropriate directions and or orders in the issue.
It claimed that there is no question of it "encroaching" on a space that was duly allotted to it in 2015. It also said that the said space is being used and it was in legal possession since then by it.
The AAP also made it clear in its application before the Supreme Court that the premises in question had been in the applicant’s (AAP) occupation long before it was earmarked for extending the Rouse Avenue Court Complex.
Recently on February 13, a three-judge bench of the top Court, headed by the Chief Justice of India (CJI) Dr Dhananjaya Yeshwant Chandrachud had questioned, “How can a political party sit tight on that (the land allotted to Delhi High Court)?" and said that “unencumbered possession” must be given to the Delhi High Court of the plot immediately.
The Apex Court went on to observe that no one can take law into their own hands.
In the last hearing before the SC, lawyer and Amicus curiae (Friend of the court to assist it) K Parameshwar had informed the apex court that when the offcials of the Delhi High Court went to take possession of the land, they were allegedly stopped by a political party’s officials (AAP) as their office now sits on it.
This surprised the CJI, who was forced to observe the "encroachment remark," against the AAP, which is ruling the Delhi govt at present.
The CJI led bench was hearing the plea connected to the issue of judicial infrastructure across the country.
For AAP party, the Law Secretary to the Govt of Delhi, Bharat Parashar, however, had told the Supreme Court that the said land has infact been with the AAP since 2016. They are legally holding this land.
The Top Court, however, intervened in the matter and stated that the land must be returned to the Delhi High Court, as intended originally.
The Apex court in its order had directed the Chief Secretary of the Delhi government, the Secretary to the Delhi Public Works Department and the Finance Secretary to the Delhi government to convene a meeting with the Registrar General of Delhi High Court to ensure execution of the direction immediately.
The other two judges who were part of the three-judge bench of the Apex Court, besides the CJI, were Justices JB Pardiwala and Manoj Misra.