A bench of justices Arun Misra and Deepak Gupta issued the directive after it was pointed out to the two judges that a Delhi high court judge had recently passed an order in the matter related to sealing of premises in Mehrauli, south Delhi.
The Supreme Court restrained the Delhi high court and all other courts from hearing matters arising out of the sealing exercise in the national capital that has been undertaken on the directions of the top court and under the supervision of a monitoring committee.
A bench of justices Arun Misra and Deepak Gupta issued the directive after it was pointed out to the two judges that a high court judge had recently passed an order in the matter related to sealing of premises in Mehrauli, south Delhi.
“We are not happy with the way the Delhi high court has passed the order,” the two judges said when the order was brought to their notice. The bench reiterated its December 15, 2017, judgment and two subsequent orders, which specifically ruled that a challenge to the monitoring committee’s decision would be decided before the top court.
Senior counsel Ranjit Kumar, who is assisting the court, drew the bench’s attention to the HC order. He said the Delhi High Court division bench was hearing an appeal against the September 10, 2018, order passed by a single judge who had dismissed a plea challenging the sealing action undertaken by the monitoring committee on the grounds that as per the Supreme Court order, the remedy lay before the SC.
During the hearing, the high court had directed the committee to file the affidavit before it, detailing the steps as to how they carry out the sealing action.
But the court, while disposing of the appeal, noted that the tone and tenor of the committee’s report was a matter of “some concern”.
“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 is prima facie beyond its powers, is answerable to a high court exercising powers and jurisdiction under Article 226 of the Constitution,” a bench of justices Muralidhar and Sanjeev Narula of the high court had said last Wednesday.
In a related development, the municipal corporation informed the bench that bank lockers were allowed in basements, subject to certain conditions.
Senior advocate Sanjeev Sen made the statement before the judges following which the bench asked the banks to approach the municipal authority concerned either on February 7 or 8. Sen made the submission when the bench took up the applications filed by several banks assailing the sealing notice served upon them by civic bodies.
Source: Hindustan Times