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Delhi Corporation moves apex court
Legal Correspondent
| Those who filed affidavits should be allowed to run business, says application |
ON GANDHIAN PATH: Members of the Confederation of Traders Association lead a silent protest on the Rajghat on the second day of the Delhi bandh against sealing of trade premises on Tuesday.
New Delhi: Even as the traders' bandh in the capital entered the second day on Tuesday, the Municipal Corporation of Delhi (MCD) moved the Supreme Court seeking protection for them from the sealing operations, scheduled to begin from November 2.
Over 40,000 traders had given an undertaking to the Supreme Court Monitoring Committee that they would stop the commercial activity in residential areas on their own failing which their establishments could be sealed.
The MCD's application sought modification of the September 29 order with a view to suspending the sealing operations against these traders.
Taking a cue from the report filed by the SCMC, the application said that the traders who had filed affidavits should be allowed to operate their business like those commercial establishments protected under the two notifications issued on September 7 and 15 permitting continuance of trading activity in residential colonies.
The Centre is likely to file a similar application in the court on Wednesday.
By its September 29 and October 18 order, the apex court declined to give relief to the traders who had filed affidavits to comply with the order and said that the MCD should commence the sealing operations from November 1 and traders to protest against this move called a three-day bandh.
The MCD said that it conducted a detailed survey and found that out of 40,800 traders who had filed affidavits/undertakings around 25,000 persons were covered under the notifications issued on September 7 and 15 and only about 5,500 traders were not covered under any of the notifications requiring sealing of their premises.
It sought a direction to file fresh affidavits/undertakings by January 31, 2007 by those who had given such undertakings earlier; direct de-sealing of premises sealed but covered under the two notifications subject to their giving a fresh undertaking.
The SCMC in its report to the court referred to the law and order situation and recommended that the Centre be directed to provide adequate forces to the sealing teams for resuming the sealing operations besides ensuring their safety.
It suggested that the police might be asked to video-graph the sealing operations and also critical events like violent speeches by political leaders and leaders of the traders inciting people to disrupt sealing operations.
The SCMC said that a meeting was held on October 27 with the Delhi Chief Secretary, senior police officials and Joint Director of Intelligence Bureau and they had given a feedback that they were expecting serious law and order problem and that the sealing drive be deferred till January 31, 2007.
The SCMC said that the Chief Secretary had represented that the sealing of the premises not covered by the two notifications would entail serious disruption, not merely for the owners, but for a large number of persons employed by the establishments.
The Joint Director, IB, had brought out that the main cause of the agitation and unrest of traders was on account of the perceived discrimination of the 40,000 traders who had given undertakings and those who had not given such undertakings.
The Committee said that it should be empowered to decide on the date of resumption of the sealing operations.
Probe report leak: panel
Expressing concern at the alleged leak to the media of its report submitted to the court on the issue of sealing operations, the Monitoring Committee has sought an enquiry.
In a fresh report filed on Tuesday, the committee said it was to give copies of the report to the Solicitor-General, the amicus curiae in the case and counsel for the Municipal Corporation of Delhi.
But the report filed in the court on Monday was allegedly leaked.
The committee sought permission to file reports in future in a sealed cover without giving copies to any counsel.
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