Sealing: 'Dadagiri' won't work, SC warns against threats to officials

The Supreme Court today warned against threats given to the officials, who were carrying out sealing of unauthorised and illegal constructions in Delhi and said such kind of 'dadagiri' (bullying tactics) would not work.

A bench of justices Madan B Lokur and Deepak Gupta said this while hearing a matter, in which the Forum of MCD Engineers has alleged that the chairman of the wards committee of the Najafgarh zone here had threatened the officials when they had gone to seal unauthorised constructions.

The court said the affidavit filed by Mukesh Suryan, the chairman of the wards committee of the Najafgarh zone, was "not at all satisfactory" since he was tendering an unconditional apology on one hand and trying to justify his action on the other.

"This kind of 'dadagiri' would not work. He (Suryan) cannot say like this that he is fighting for the people. He cannot take the law in his hand. He is not a 'dada' that he can do all this," the bench said.

Suryan, who was present in the court, tendered his apology to the bench and his counsel said he would file a fresh affidavit, tendering an unconditional apology.

"Mukesh Suryan, chairman, wards committee, Najafgarh, is present in court today and he has tendered an unconditional apology. However, we find from the affidavit filed by him that he is also trying to justify his actions. This cannot be accepted," the bench noted and asked him to file another affidavit within three days.

The bench also dealt with the issue related to the transfer of Najafgarh zone Deputy Commissioner Vishvender Singh, who was shifted "within hours" allegedly at Suryan's instance.

The apex court, after perusing the affidavit filed by the additional commissioner of the South Delhi Municipal Corporation (SDMC), said there was something "terribly wrong" with Singh's transfer.

"Looking to the totality of the facts, we have serious reservations whether the transfer of Vishvender Singh was bona fide and not at the instance of Mukesh Suryan. However, we do not propose to go into this matter in further detail," it said.

"In any event, it is directed that Vishvender Singh be restored to the position of the deputy commissioner (Najafgarh zone) within 24 hours from today and he will complete his normal tenure in that position," the bench added.

The court then posted the matter for further hearing on August 6.

The apex court had earlier asked Suryan to respond to the allegation levelled against him by the Forum of MCD Engineers.

On July 18, a lawyer assisting the court as an amicus curiae in the sealing matter had told the bench that the Forum of Municipal Corporation of Delhi (MCD) Engineers had informed him about the alleged threats given to them by Suryan.

The apex court had earlier directed that adequate police protection be given to the officials whenever the sealing drive was carried out by them.

The top court is dealing with the issue of validity of the Delhi Laws (Special Provisions) Act, 2006 and subsequent legislations that protect unauthorised constructions from being sealed.