The Supreme Court on Monday strongly criticised a Deputy Collector in Andhra Pradesh who, while serving as Tahsildar, disobeyed High Court orders and forcibly demolished the huts of slum-dwellers in Guntur district, resulting in their displacement.
The Supreme Court was hearing a petition challenging the High Court order, under which the petitioner had been found guilty of contempt of court and sentenced to two months’ simple imprisonment.
The Bench of Justices B.R. Gavai and A.G. Masih orally indicated that the petitioner would have to undergo imprisonment, pay heavy compensation to all those who suffered because of his actions, and face demotion.
“In ordinary circumstances, we would not have entertained the present SLP since the petitioner had the audacity to disobey the directions of the High Court dated 11.12.2013. However, taking a lenient view, we are inclined to issue notice, returnable on… till then, [there shall be] stay of the order,” said the court.
Expressing strong displeasure over the incident, Justice Gavai said officers should not think they are above the law.
“We will take him into custody right now! Somebody’s playing with the dignity of the High Court. How do you justify his conduct?” he asked.
In response, Senior Counsel Devashish Bharuka, appearing for the petitioner, pleaded for mercy, acknowledging that the petitioner’s conduct was unpardonable but urged the Court to take a lenient view.
“Mercy on what ground? Does he believe he is above the High Court?” asked Justice Gavai. The judge also questioned the Tahsildar, who was present in court, as to why he had failed to comply with the High Court’s specific directions not to disturb the possession of the slum-dwellers.
“He should have thought about them when he dis-housed so many slum-dwellers. Those persons also had children…”, Justice Gavai said.
Despite the High Court’s order dated 13.09.2013, by which the Single Bench had disposed of the writ petition directing the Tahsildar to consider the petitioners’ application for the grant of a house site—subject to their eligibility—and to communicate the decision within two months, and further directed that none of the respondents, including the Tahsildar, shall disturb the possession of the petitioners if they were in possession of the land, the Tahsildar forcibly removed their huts on 06.12.2013 and 08.01.2014.
Earlier, the High Court Single Bench observed that 88 police personnel were deployed at the site on 08.01.2014 at the Tahsildar’s request and held that the Tahsildar acted in deliberate defiance of the Court’s orders. As a result, he was sentenced to two months’ simple imprisonment and fined Rs. 2,000.
