COURT BEGINS CONTEMPT PROCEEDINGS AGAINST 4 SOUTH DIST OFFICIALS IN MELLI HOUSE SEALING CASE
GANGTOK, 22 Nov: The High Court of Sikkim today allowed the DM [South] along with three other south district officials a week’s time to file their replies to the affidavit filed by Nuk Tshering Bhutia, also known as “Melli Sonam”, but not before making known its strong displeasure over the manner in which the petitioner’s house had been sealed on the orders of the South District Magistrate.
The High Court had earlier issued contempt notices to the DC South, SDPO [Jorethang], SDM [Namchi] and the OC, Melli police station on grounds of having violated the order of the Court by which it had directed that status quo be maintained on the matter of sealing the house and property of Melli Sonam at Melli.
The DM South, AK Singh, had issued notices for eviction of the premises on grounds that it had been constructed on forest land and despite the order of the High Court, went ahead with the sealing of the house.
Acting Chief Justice, SP Wangdi, made it known in the courtroom today that such “injustice and highhandedness” on the part of the district authorities would not be tolerated by the Court, especially when there were such provisions such as ‘condonation of delay’ and appeals to the concerned appellate authority for the petitioner, which were yet to be exhausted by him.
The Court also expressed its anguish over the “ambushing” of a citizen’s rights in such fashion. As per reports the wife and maidservant of the petitioner were in the house when the structure was sealed by the district authorities. The High Court also expressed that a government advocate should not be appearing for alleged contemnors. It should be noted that these observations of the Court were expressed in the courtroom and not put on record.
KT Bhutia, advocate for the petitioner, had submitted to the court an affidavit with photographs of the house under seal. Present in the courtroom today were the DC, the SDPO, SDM and OC Melli PS. In the course of the hearing today, Justice Wangdi also reminded both parties not to mislead the court.
The house of Melli Sonam was sealed by the DM South on 12 November, the same day that the High Court had directed that status quo on the matter be maintained in view of the fact that an appeal had been filed with the appellate authority. However, the South district authorities had gone ahead with the process of sealing the property.
GANGTOK, 22 Nov: The High Court of Sikkim today allowed the DM [South] along with three other south district officials a week’s time to file their replies to the affidavit filed by Nuk Tshering Bhutia, also known as “Melli Sonam”, but not before making known its strong displeasure over the manner in which the petitioner’s house had been sealed on the orders of the South District Magistrate.
The High Court had earlier issued contempt notices to the DC South, SDPO [Jorethang], SDM [Namchi] and the OC, Melli police station on grounds of having violated the order of the Court by which it had directed that status quo be maintained on the matter of sealing the house and property of Melli Sonam at Melli.
The DM South, AK Singh, had issued notices for eviction of the premises on grounds that it had been constructed on forest land and despite the order of the High Court, went ahead with the sealing of the house.
Acting Chief Justice, SP Wangdi, made it known in the courtroom today that such “injustice and highhandedness” on the part of the district authorities would not be tolerated by the Court, especially when there were such provisions such as ‘condonation of delay’ and appeals to the concerned appellate authority for the petitioner, which were yet to be exhausted by him.
The Court also expressed its anguish over the “ambushing” of a citizen’s rights in such fashion. As per reports the wife and maidservant of the petitioner were in the house when the structure was sealed by the district authorities. The High Court also expressed that a government advocate should not be appearing for alleged contemnors. It should be noted that these observations of the Court were expressed in the courtroom and not put on record.
KT Bhutia, advocate for the petitioner, had submitted to the court an affidavit with photographs of the house under seal. Present in the courtroom today were the DC, the SDPO, SDM and OC Melli PS. In the course of the hearing today, Justice Wangdi also reminded both parties not to mislead the court.
The house of Melli Sonam was sealed by the DM South on 12 November, the same day that the High Court had directed that status quo on the matter be maintained in view of the fact that an appeal had been filed with the appellate authority. However, the South district authorities had gone ahead with the process of sealing the property.
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