A Punjab and Haryana high court division bench has refused to interfere with a single-judge order that approved the demolition of the second-hand book market in Sector 15.
Justices Surya Kant and PB Bajanthri gave the order on the appeal filed by Gaurav and other booksellers operating at the market, who were opposing the municipal corporation (MC) proposal.
The division bench, while dismissing the appeal, recorded that the single-judge bench had got the dispute resolved by conducting a draw of lots in the court itself. It stated that the proposal achieved its objective of improving working conditions, quality of life ad ambience and was also in conformity with the concept and building bylaws of the City Beautiful.
The single-judge bench of justice Paramjeet Singh, on November 5, had dismissed the petition and paved way for construction of booths in the second-hand book market. The MC was directed to take possession of booths and occupants were asked to vacate the platforms.
‘Go back to judge for expunction of negative remarks’
The high court division bench also asked advocate APS Shergill to move an application before the single judge bench of justice Paramjeet Singh for expunction of negative remarks against him.
Shergill, who had appeared from the petitioner’s side was not allowed to argue by the court as he did not carry a power of attorney to represent the petitioners in the case during the pre-noon period.
In the order dated November 5, it is recorded that when the court started dictating the order, Shergill created “unpleasant scene”in the jampacked court room and went out of the court, telling the petitioners and others to come out of the court.
“The act and conduct of Mr Shergill is against the established rules of professional conduct. The conduct of learned counsel has lowered the authority of the court and has weakened the sense of confidence of the people in the administration of justice. The act and the scene created by Mr Shergill amounts to interference in the due process of administration of justice and such act needs to be taken as a strongest possible exception,” the single-judge bench had recorded, further stating that it was against the principle of judicial decorum and dignity but had refrained from making any further observations and initiate contempt of court proceedings.
The division bench observed that the “trivial issue”would be given a decent burial no sooner APS Shergill would move an application for expunction of those remarks. The division bench has also requested justice Paramjeet Singh to expunge the remarks as Shergill was “regretful for the avoidable events that took place”during the hearing.