The Supreme Court Wednesday issued a contempt notice against Delhi BJP chief and MP Manoj Tiwari, who had allegedly broken the seal of a premises which was being run in violation of the Delhi Master Plan, and directed him to appear before it on September 25.
It "indicates a defiant attitude by the Member of Parliament, Manoj Tiwari," the court said referring to a media report of yesterday on the issue.
While also taking serious note of a report filed by the apex court-mandated monitoring committee in this regard, a bench headed by Justice Madan B Lokur observed that it was "unfortunate" that an elected representative should try to defy the orders of the top court.
The bench, also comprising Justices S Abdul Nazeer and Deepak Gupta, took cognisance of the panel report and said it reflected a "rather disturbing state of affairs".
"It is rather unfortunate that an elected member should try to defy the orders of this Court.
"Taking cognizance of the Report submitted by the Monitoring Committee which discloses violation of orders of this Court and interference in the administration of justice which amounts to Contempt of Court, we issue notice to the alleged contemnor, Manoj Tiwari, returnable on September 25," the bench ordered.
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In its report, the monitoring committee has said that "despite repeated directions of this court, the members of political parties and other such persons are intentionally and deliberately violating and showing utter disgrace to the directions passed by the court for political gains".
Senior advocate Ranjit Kumar, assisting the court as an amicus curiae in the Delhi sealing matter, placed the committee's report before the bench and said an FIR has been lodged against Tiwari for allegedly breaking the seal of the premises which was being used as a dairy.
He said the premises has been "re-sealed" and video of the incident was also annexed with report of the committee, which has suggested stringent action in the matter.
"The Report shows a rather disturbing state of affairs where MP Manoj Tiwari is alleged to have broken the seal of some premises despite sealing operations continuing in terms of the orders passed by this court," the bench said.
The top court directed Tiwari to remain personally present before it on September 25 to explain why contempt action should not be initiated against him.
The apex court had earlier too taken a strong note of interference in the working of the monitoring committee, which has been mandated to identify and seal illegal constructions in the national capital.
An FIR against Tiwari was lodged by the East Delhi Municipal Corporation for allegedly breaking the seal of the premises in Gokalpuri area in north-east Delhi.
In the report, the committee has urged the court to "pass stringent directions including initiation of contempt proceedings against Manoj Tiwari, MP, for seal tampering so that sealing operations may continue uninterrupted as per directions of this court."
The top court had earlier ordered restoration of its 2006 monitoring committee to identify and seal the offending structures.
The monitoring committee, comprising K J Rao, former advisor to the Election Commissioner, Bhure Lal, chairman of Environment Pollution (Prevention and Control) Authority, and Major General (Retd) Som Jhingan, was set up on March 24, 2006, by the court.
The top court is also seized of the issue related to validity of the Delhi Laws (Special Provisions) Act, 2006 and subsequent legislations which protect unauthorised construction from being sealed.
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