1. Sealing of an illegal dairy under the Delhi Municipal Corporation Act, 1957 — Breaking of official seal by an elected representative — Allegations of contempt of court. (Para 1 , 2 , 3 , 4 )
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2018 Supreme(SC) 1152
SUPREME COURT OF INDIA
Madan B. Lokur, S. Abdul Nazeer, Deepak Gupta, JJ.
M.C. Mehta – Petitioner
versus
Union of India & Ors. – Respondents
In RE. : SEALING ISSUE (Report Nos. 129 and 131 submitted by Monitoring Committee)
WRIT PETITON (C) NO. 4677 OF 1985
Decided On : 22-11-2018
Important Points
The judgment underscores that elected representatives must uphold the rule of law and cannot justify illegal acts, such as breaking official seals, by citing pressure from a mob, as such conduct is irresponsible and undermines the administration of justice.
Subject
Contempt of Court - Interference with Court Orders
Act Referred
Headnote
Contempt of Courts Act, 1971 – Section 12 – An unlawful diary sealed by Veterinary Services Department of the EDMC – An MP of a political party breaking or tampering with the seal – Soon after hearing in Supreme Court alleging that Monitoring Committee appointed by Supreme Court vide (2006) 3 SCC 399 is running a sealing racket in connivance with corrupt officers – Materials on record showing no connection of Monitoring Committee with sealing or de-sealing – The MP explaining his behaviour as being result of mob pressure to break the ‘illegal’ seal – Conduct of thye MP deprecated – Court not taking any action under the Act – Hoping that the concerned political party will take appropriate action. (Para 15)
(2006) 3 SCC 399 – Referred
Facts of the case:
the Monitoring Committee appointed by the Supreme Clourt reported that on 14th September, 2018 an illegal dairy being run at H. No. 46 on Kh. 299 in village Gokalpur owned by Shri Prem Singh was sealed by the Milch Tax Inspector on the directions of the Director (Veterinary Services) of the EDMC. The seal was apparently broken or tampered with by Shri Manoj Tiwari, an elected Member of Parliament (MP) on 16th September, 2018 as reported in the digital media and the print media.
Finding of the Court:
Behaviour of the MP is depreciable.
Result: Contempt against the MP closed.
Legal Category Hierarchy
Table of Contents
2. Whether breaking an official seal constitutes interference with the administration of justice — Justification for such acts based on pressure exerted by a mob. (Para 5 , 13 )
3. Elected representatives must uphold the rule of law and not succumb to mob pressure; taking the law into one's own hands is an irresponsible act. (Para 12 , 13 , 14 )
4. An elected representative cannot justify the violation of the rule of law or the breaking of official seals by citing pressure from a mob. (Para 13 )
5. Proceedings against the elected representative and the associated reports are closed. (Para 16 )
6. Does the pressure of a mob justify an elected representative taking the law into their own hands?
No. The court held that an elected representative should pacify a mob and require them to act in accordance with the law rather than succumbing to pressure and acting irresponsibly. (Para 13 )
7. Does the breaking of a seal placed by a municipal authority constitute contempt of court if the court-appointed monitoring committee was not involved in the sealing?
While breaking a seal is a violation of the rule of law, it does not necessarily constitute contempt of court if the action was independent of the court's directions or the monitoring committee's role. (Para 9 , 10 )
8. How should courts treat reckless allegations made by a party against a court-appointed committee?
The court may choose to take such criticism in its stride and deprecate the practice of using court proceedings for political propaganda without necessarily proceeding against the party. (Para 15 )
JUDGMENT
Madan B. Lokur, J.
1. The Monitoring Committee appointed by this Court by judgment and order dated 16th February, 2006 M.C. Mehta v. Union of India, (2006) 3 SCC 399 submitted Report No. 129 dated 18th September, 2018. It was stated in the Report that the Monitoring Committee had received information that the seal put by the Veterinary Services Department of the East Delhi Municipal Corporation (EDMC) on a property in village Gokalpur, Shahadra, North Zone, Delhi had been broken/tampered with on 16.9.2018.
2. The Report of the Monitoring Committee contains the following information:
“On the directions of Director (VS), EDMC to take action against the illegal dairies at Gokalpur village, MTI was directed to thoroughly check the area and take sealing action against any illegal dairy running at Gokalpur. MTI inspected the area and found one illegal dairy being run at H. No. 46, Kh. 299, Village Gokalpur near Panchayat Ghar, Delhi-94 by Sh. Prem Singh s/o Sh. Mahaveer Singh. As police programme has already been booked for taking action in the area, therefore, the above illegal dairy was sealed by MTI and his staff on 14.09.2018. The report of sealing alongwith necessary photographs were sent to Director (VS), EDMC and sealing action was entered in the sealing Register at Sr. No. 123.
Yesterday on 16.09.2018 (Sunday), Digital Media reports showed that above seal has been broken by Sh. Manoj Tiwari, Hon’ble M.P. Similar reports were also printed in the print media and Hon’ble M.P. was shown in the action of breaking the seal of the premises.
First Information Report of the incident has been lodged by DD(VS) at PS-Gokalpuri against all responsible persons. Further Deputy Director (Veterinary Services), Shahdara (North) Zone has fixed a programme for re-sealing the above mentioned premises at 2.30 p.m. on 17.09.2018 and SHO, Gokalpuri has been requested to provide sufficient police force.”
3. A perusal of the Monitoring Committee’s Report indicates that on 14th September, 2018 an illegal dairy being run at H. No. 46 on Kh. 299 in village Gokalpur owned by Shri Prem Singh was sealed by the Milch Tax Inspector on the directions of the Director (Veterinary Services) of the EDMC. The seal was apparently broken or tampered with by Shri Manoj Tiwari, an elected Member of Parliament (MP) on 16th September, 2018 as reported in the digital media and the print media.
4. The Report further indicates that when the breaking/tampering of the seal came to the knowledge of the Veterinary Service Department, a First Information was lodged and the premises were re-sealed on 17th September, 2018.
5. On a reading of the Report, we got the impression that the sealing was carried out in consultation with the Monitoring Committee appointed by this Court in terms of the judgment and order dated 16th February, 2006. It appeared to us that Shri Manoj Tiwari had violated orders of this Court and interfered in the administration of justice which amounted to contempt of court. Accordingly on 19th September, 2018 we issued notice to Shri Manoj Tiwari directing his personal appearance on 25th September, 2018. On that date and subsequently on 1st October, 2018 and 12th October, 2018, Shri Manoj Tiwari was present in Court. He filed a reply and the Report was taken up for consideration. We finally heard the matter on 30th October, 2018.
6. In the meanwhile, on 8th October, 2018 the Monitoring Committee filed Report No. 131 in this Court in which it annexed an article from a leading national daily of 4th October, 2018. The article mentioned that soon after the hearing on 3rd October, 2018 Shri Manoj Tiwari alleged that the Monitoring Committee is running a sealing racket in connivance with corrupt officers.
7. Report No. 131 also placed on record a document issued by the Media Department of a national political party to which the MP belongs. The document adverted to the statement reportedly made by Shri Manoj Tiwari wherein he had alleged that the Monitoring
