Is SC sealing panel answerable to us, asks HC after its order not followed

In the status report, the sealing committee told the HC that it did not follow any fixed procedure while cracking down on illegal premises.

The Delhi High Court on Wednesday criticised the Supreme Court-appointed sealing committee for filing a status report, instead of an affidavit, to list out the process it followed before and after sealing a building. The high court on January 16 had directed the committee to file an affidavit.

File photo of Delhi traders protesting against the sealing drive in the national capital. (Sushil Kumar/HT File)

In the status report, the sealing committee told the HC that it did not follow any fixed procedure while cracking down on illegal premises. “That the SC has not laid down any procedure for the functioning of the monitoring committee. However, directions of the SC are being implemented in letter and spirit. Monitoring committee does not follow any fixed procedure …,” the panel said in a status report.

The panel said it had complete jurisdiction in areas not covered under the Master Plan of Delhi (MPD) 2021.

The report did not go down well with the high court, prompting it to ask the Supreme Court if the sealing panel was answerable to the high court too or not.

“In considered view of the court, given the facts and circumstances an important question of law rises “whether the monitoring committee appointed by the Supreme Court, even in respect of actions, that are prima facie beyond its powers, is answerable to a high court exercising powers and jurisdiction under Article 226 of the Constitution,” a bench of Justice Muralidhar and Justice Sanjeev Narula said.

Slamming the panel, the high court said, “The tone and tenor of the report is a matter of concern. The monitoring committee makes no bones about the ‘liberty’ of not filing an affidavit although directed by this court.”

“What the monitoring committee appears to be telling this court in a thinly veiled manner is that it is not required to answer the questions raised by this court,” the bench said, adding such a response makes it impossible for the court to proceed further.

It also sought to know from the SC whether any action could be initiated against the committee for the “tone and tenor of report submitted”.

The court was hearing an appeal by Daily Bread Bakers, an industrial unit situated in south Delhi’s Vasant Kunj, whose premises was sealed by the SC’s monitoring committee on January 5, 2018.

The petitioners had challenged the order of the single judge but their plea against sealing was rejected.

Bhure Lal, who heads the monitoring committee, said the matter has been referred to the Supreme Court and the court will decide the matter.