Supreme Court asks former Rajya Sabha MP Sharad Yadav to vacate government bungalow by May 31, 2022

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A Supreme Court bench of Justices DY Chandrachud, Surya Kant and Sanjeev Khanna today granted further time to former Rajya Sabha MP and RJD politician Sharad Yadav till 31st May 2022 to vacate his government accommodation. The bench made it clear that they are passing this order keeping in mind the submissions made regarding Yadav’s health.

The bench further directed Yadav to file an unconditional undertaking in this regard and held that he cannot use the benefit of this order if the undertaking is not filed. The bench also held that it is not deciding any issue on merits as it had not gotten the opportunity to do so.

Yadav had challenged the order of the Delhi High Court dated March 15, 2022, asking him to vacate the government accommodation by March 31. On the last date of hearing, Kapil Sibal, Sr. Adv, appearing for Yadav had submitted that he is very unwell and has to undergo dialysis every 7th day and as he was on the ventilator for 22 days further time to vacate is needed. Court had then directed ASG Sanjay Jain to take instructions in this regard.

When the matter came up for hearing today, the ASG told the court that Yadav can be given a month’s time to vacate the premises at 7, Tughlaq Road. He submitted that while he was instructed that the government is prepared to grant him a time of one week, he convinced the authorities to grant him a month’s time out of humanitarian consideration.

Kapil Sibal, Sr. Adv, appearing for Yadav submitted that a month’s time will not be sufficient given Yadav’s health condition at present and he would need more time to vacate the premises.

Court, on hearing the parties, noted that on a previous occasion Sibal had submitted that it may be possible to resolve the matter at this stage if reasonable time is granted to enable Yadav to vacate.

Court further noted that Sibal stated that since Yadav has a serious medical condition, he may be granted time till the end of May to vacate the premises.

Court, therefore, held, “having heard the Ld. Counsels, on humanitarian grounds the petitioner is granted time till May 31st to vacate the premises. He is to file an unconditional undertaking stating the same. If the undertaking is not given he will not have the benefit of the order.”

Case Title : Sharad Yadav Vs Ram Chandra Prasad Singh