Wednesday, January 30, 2008

SC slams Sikkim HC

NEW DELHI:: The Supreme Court has slammed the Sikkim High Court for adopting a “draconian, arbitrary and authoritarian” approach to evict a hapless widow from her rented premises in utter disregard for law.

In a strongly-worded judgment with severe strictures against the acting Chief Justice of the Sikkim High Court and another judge, the apex court ordered restoration of the possession of the premises to victim Shanti Devi. A Bench of Justices Ashok Bhan and Altamas Kabir regretted that the action of the Sikkim High Court appeared more an effort at giving relief to the owner with “alacrity” rather than addressing the issues raised by the widow who had approached the court for justice. The apex court strongly deplored the manner in which the Sikkim High Court issued a contempt notice followed by a non-bailable warrant and then ordered the eviction of Shanti Devi. Offering relief to the victim, the apex court termed the action as “gross abuse of the due process of law, which cannot at all be sustained”.