Executive, judiciary exchange angry words in SC

By IANS

New Delhi : The Supreme Court Monday found itself pitted in an unsavoury row with the central government on the question of its power to order closure of commercial activities in unauthorised colonies in Delhi without hearing the four million affected people.


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A bench of Justice Arijit Pasayat entered into a heated argument with Additional Solicitor General Vikas Singh when the latter was fiercely opposing the bench order passed Monday for shuttering down commercial activities in 15,000 unauthorised colonies within three weeks.

In halting commercial activities in the unauthorised colonies, the bench, which also included Justices C.K. Thakkar and Lokeshwar Singh Panta, was of the view that “what is impermissible in the authorised colonies, could not be allowed in unauthorised colonies”.

The bench passed the shuttering order amid stiff opposition from Singh.

“Don’t raise your voice. We are not accustomed to hear raised voices,” snapped Justice Pasayat as Singh insisted that the court should not pass the sealing order without hearing the people likely to be affected.

Singh retorted: “I am not raising my voice. My lordship is raising (it).”

The law officer persisted with his arguments, saying the court “ought to hear” him before passing the order “as the matter involves the fundamental rights under Article 14 and 21 (pertaining to rights of equality and life and liberty)” of over four million residents of unauthorised colonies.

Singh pointed out that there was no petition pending before the court on any issue relating to the unauthorised colonies.

He wanted the court to properly hear the central government and the affected people before passing the order.

Faced with the court’s inclination to pass the order on Monday itself, the exasperated law officer went on to say: “The Union of India is not being heard. This is not the rule of the law.”

At this an infuriated Justice Pasayat warned: “This is contempt to court.”

“I am not afraid of going to jail, your lordship may haul me up for contempt of court,” retorted Singh.

The bench, however, restrained itself from initiating any contempt proceedings against the government’s law officer.

Brushing aside the government’s opposition, the bench ordered closure of commercial activities in unauthorised colonies, exempting a total of 24 activities in these colonies.

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