Delhi HC order uncalled for: Pranab; Govt-HC on collision course

New Delhi, May 19 (UNI) Parliament and the government were on a collision course today with the judiciary with Opposition and Left members in the Lok Sabha describing as ''contempt of House'' a Delhi High Court order for continuing the demolition and sealing drive against illegal constructions in the capital, ignoring a Bill passed by the two Houses.

The opposition stalled the question hour for 30 minutes and forced adjournment of the House for 15 minutes till 1145 hrs, demanding an assurance from the government that the drive, which was continuing today also, would be stopped immediately and steps would be taken to end the ''judicial activism'' which had undermined the authority of Parliament.

Responding to the submissions made by the agitated members, who had given notice for suspension of question hour to discuss the issue, Mr Pranab Mukherjee, Leader of the House and Defence Minister, said the government ''shared the concern'' of the members.

Acknowledging that a proposed law had been passed by the two Houses of Parliament to put a one-year moratorium on the drive, the Minister said it was, however, yet to get the assent of the President, only after which would it become law.

However, something (the High Court order) had happened during the interrugnum period ''which was not expected and uncalled for.

Surely, there is a constitutional way of taking care of this matter and also to correct the aberrations which takes place sometimes, however, undesirable it may be...

''The provisions of the proposed law will be fully implemented'' by resorting to legal and constitutional remedial measures, he assured the House.

Mr Mukherjee also stated that the government was taking some steps and he would come back to the House later in the day to inform the members about the outcome of its efforts.

However, Prof V K Malhotra (BJP) and Mr Prabhunath Singh (JD-U) who had first raised the issue as soon the House had assembled for the day, and other opposition members were unrelenting and wanted an assurance from the government that the drive be stalled immediately.

They argued that when the House was passing the Bill last week, Urban Development Minister S Jaipal Reddy had assured the House that demolitions and sealings would cease immediately. But the drive was still on. The House could discuss other issues only if the government gave another assurance that the Minister's commitment would be honoured.

Sensing the mood of the Opposition, Deputy Speaker Charnjit Singh Atwal adjourned the House for 15 minutes.

Prof Malhotra said the court had set up a two-member committee as a ''permanent mechanism'' to monitor the drive, particularly the removal of slums. ''This is contempt of Parliament and a slap on the government.'' The government should assure that the High Court would honour the law passed by Parliament. Mr Prabhunath Singh said the court order had undermined the dignity of the House and called for a clear definition of the roles of the three wings of democracy.

Mr Gurudas Dasgupta (CPI) said the court order was not called for. However, ''let us not politicise the issue,'' he said and urged the government to move the Supreme Court, seeking a stay order against the High Court ruling which had ''embarrassed and humiliated'' Parliament.

Mr Ramjilal Suman (SP) said the issue was serious as it involved the livelihood of millions of people and maintained that no one should be allowed to make a ''mockery'' of Parliament.

Mr Brajesh Pathak (BSP) said the judiciary had encroached upon the jurisdiction of the legislature.

Mr D P Yadav (RJD) said it was an ''unprecedented anomaly'' that the court had refused to take cognisance of the sentiments of the House. The President should intervene in the matter which had threatened to jeopardise the democratic system.

Mr Mohan Singh (SP) also wanted Presidential intervention to ensure that decisions taken by Parliament, which represented the sentiments of the people, were adhered to by one and all.

Mr S S Dhindsa (Akali Dal) said the High Court order had created a situation which was worse than the Supreme Court notice to Lok Sabha Speaker Somnath Chatterjee asking him to appear before it in the disqualification of MPs case.
Prof Malhotra said the court had set up a two-member committee as a ''permanent mechanism'' to monitor the drive, particularly the removal of slums. ''This is contempt of Parliament and a slap on the government.'' The government should assure that the High Court would honour the law passed by Parliament. Mr Prabhunath Singh said the court order had undermined the dignity of the House and called for a clear definition of the roles of the three wings of democracy.

Mr Gurudas Dasgupta (CPI) said the court order was not called for. However, ''let us not politicise the issue,'' he said and urged the government to move the Supreme Court, seeking a stay order against the High Court ruling which had ''embarrassed and humiliated'' Parliament.

UNI