SC to decide traders' fate tomorrow

New Delhi, Nov 5 (UNI) The fate of about 41,000 traders in Delhi will be decided tomorrow by the Supreme Court.

Three applications were filed by the Centre, the Delhi government and the MCD seeking relief for the traders who had filed affidavits in the Supreme Court, undertaking that they would close down their shops operating from residential areas by June 30, 2006.

A bench, headed by Chief Justice Y K Sabharwal will also consider the report of the Supreme Court appointed Monitoring Committee seeking contempt of court proceedings to be initiated against the MCD Commissioner and Delhi Police Commissioner for deliberately and intentionally flouting the orders of the court for resuming sealing of 41,000 odd shops whose owners have given undertaking but have not closed down.

The government agencies have not started sealing on the grounds that it may lead to a serious law and order problems in the city. The govrnment has also taken the plea that lakhs of employees working in these shops shall also be rended jobless, which may cause distress to a large number of people.

If the apex court takes a serious view of the attitude of the government in not complying with the order of the court, then the UPA government at the Centre may find itself in deep trouble.

The Supreme Court has allowed those traders who did not file affidavits but are protected by the notification dated September 7 and 15, 2006 permitting commercial activities along 2183 roads in the city, to file affidavits by January 31, 2007, giving an assurance to the court that they will close down the shops if the two impugned notifications are invalidated by this court.

The 41,000 traders are also seeking similar relief that they should also be allowed to continue till the final disposal of the case, subject to same conditions provided they are protected by the two impugned notifications.

The traders. who have filed affidavits, feel that they are being penalised for complying with the court directions while those did not care for the court orders are being allowed to continue.

The Apex court has already dismissed a petition, filed on behalf of 41000 traders, on the ground that they are already in breach of the undertaking given to the court.

Authorities, both Army and Civil, are legally bound to carry out the orders and directions of the court and failure to do so may lead the court to declare that there is total breakdown of constitutional machinery which may jeopardise the very survival of the government.

UNI AKS/SC SK VD KP1730