HC defers contempt proceedings against DCs of Punjab, Haryana, Chandigarh

Less than three months after contempt notices were issued to the Deputy Commissioners (DCs) in Punjab, Haryana, and Chandigarh following non-compliance of the Supreme Court orders on the removal of unauthorised religious structures on public land, the Punjab and Haryana High Court today deferred — for the time being — the initiation of contempt proceedings.

The order came after the Bench of Chief Justice Sheel Nagu and Justice Sanjiv Berry was informed that compliance steps were now underway. The Bench recorded that “bona fides have been shown” by the states and the UT, as affidavits indicating district-wise compliance were ready and in the process of being filed this week.

The proceedings stem from the Supreme Court’s judgments dated September 29, 2009, and January 31, 2018, in “Union of India vs State of Gujarat and others”. The court, among other things, had directed the removal of all illegal religious structures encroaching upon government land and had “empowered the High Courts within whose territorial jurisdiction the encroachments take place to proceed in contempt arising from the non-compliance of the orders of the apex court.”

The Bench, on the previous date of hearing, had observed: “It has been more than 10-15 years and the status report filed by the states of Punjab, Haryana and UT, Chandigarh, reveal that compliance is yet not complete.”

Taking a serious note, the High Court had then issued contempt notices to the DCs of all districts, calling upon them to show cause why contempt proceedings should not be initiated against them for non-compliance of the apex court orders.

Appearing for the UT Chandigarh today, the counsel informed the Bench that 87 illegal religious structures had been removed in the last four months alone. The counsel for Punjab and Haryana submitted that compliance was in progress, seeking two to three days’ time to file consolidated status reports along with affidavits from all DCs, detailing the action taken in each district.

“We have received the affidavits from all the DCs. Affidavits regarding compliance with the directions for the removal of the unauthorised religious structures on public land are complete and shall be filed during the course of this week,” the Bench noted during the hearing.

Adjourning further proceedings, the High Court made it clear that the matter would be revisited on the next date to assess the actual ground-level implementation of the Supreme Court’s directives and the affidavits filed by the administrative heads of each district.

Haryana Tribune