NEW DELHI: Objecting to the observations made by the Supreme Court recently, the Aam Aadmi Party (AAP) told the apex court on Friday that it has not “encroached” the land of the Delhi High Court at Rouse Avenue and the space was allotted to it in 2015.
The party knocked the doors of the top court against the direction for immediate removal of its office at Rouse Avenue.
The AAP in its plea said vacating its office space would severely “prejudice the party as well as the fairness of the electoral process” given upcoming Lok Sabha polls.
It claimed that there is no question of it “encroaching” on a space that was duly allotted to it in 2015. The said space is being used and it has been in legal possession since then, the AAP added.
On February 13, a three-judge bench of the top court, headed by the Chief Justice of India (CJI) DY Chandrachud, had questioned, “How can a political party sit tight on that (the land allotted to Delhi High Court)?” and ordered 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 the 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 officials 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 government at present.
The CJI-led bench was hearing the plea connected to the issue of judicial infrastructure across the country.
For AAP, the Law Secretary to the Government of Delhi, Bharat Parashar countered by claiming that the party is legally holding this land.
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 HC to ensure execution of the direction immediately.
The case
On February 13, the top court had directed the Delhi government and the Registrar General of the Delhi High Court to hold a meeting for removal of ‘encroachment’ by AAP. The direction came after advocate K Parameshwar, appointed as amicus curiae to assist the apex court in the matter, said a political party has set up its office on the land parcel.