The petitioner had taken his grievance to the Delhi High Court where the same was disposed of by asking the authorities to look into the situation at Shaheen Bagh, but without any formal order regarding the same. The HC has disposed of the petition by directing the police to ‘consider’ the petitioner’s grievances.
The current petition at Supreme Court has challenged the order.
Advocate Amit Sahni filed a petition before the supreme court seeking supervision of the situation in Shaheen Bagh where several women are sitting on an indefinite protest, to avoid any further deterioration in the situation and to evade any violence.
BJP leader Nand Kishor Garg had also sought a direction from the Supreme Court to the Centre, police and state government to take immediate steps to remove protesters from Shaheen Bagh who have been protesting for more than a month against the Citizenship Amendment Act by blocking the road connecting Delhi to Noida.
The Supreme Court said it understands the nature of the problem of the road blockade caused by the anti-Citizenship Amendment Act protesters in Shaheen Bagh here and adjourned a plea seeking removal of the anti-CAA demonstrators till Monday. That is after the Delhi elections get over on 8th February.
A bench comprising Justices Sanjay Kishan Kaul and K.M. Joseph said: “We understand there is a problem. But we will have to consider how to resolve it.”
The petitioner argued that postponement meant the case would not be heard till after the election was complete, to which Justice SK Kaul humorously replied: “The cat is out of the bag… that is the exact reason we are adjourning the case”.
“That is exactly why we are saying ‘come on Monday’. Why should we influence the election? We will be in a better position by then,” bench consisting of Justices SK Kaul and KM Joseph said.
The apex court also observed that the matter should have been heard by the High Court.
The Supreme Court asked the petitioners to come prepared on Monday to explain why the matter should not be remitted back to the Delhi High Court.