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Eviction of Cong premises: Sibal urges HC to refer case to SC
New Delhi, Mar 05: Congress today urged the Delhi High Court to refer to the Supreme Court a dispute relating to eviction of three premises occupied by it in Delhi, after the Lok Sabha Speaker and Rajya Sabha Deputy Chairperson refused to `advise` the Government on the matter.
New Delhi, Mar 05: Congress today urged the Delhi High Court to refer to the Supreme Court a dispute relating to eviction of three premises occupied by it in Delhi, after the Lok Sabha Speaker and Rajya Sabha Deputy Chairperson refused to "advise" the Government on the matter.
"The Supreme Court had ruled in the Shiv Sagar Tiwari case that the number of premises to be occupied by a political party in Delhi has to be decided on the basis of the "advice" of the Lok Sabha Speaker and Rajya Sabha Deputy Chairperson.
"Now that they have refused to give their advice, it should be sent back to the Supreme Court for clarification," Congress counsel Kapil Sibal told Justice Manmohan Sarin.
The three premises in question are 26, Akbar Road held by Congress Seva Dal, 5 Raisina Road occupied by Indian Youth Congress and C-II/109 Chanakyapuri where party president Sonia Gandhi's private secretary V George resides.
Sibal also questioned the Government's bonafides in framing new guidelines in 2000 replacing those framed in 1985 and said the Centre wrongly interpreted the Shiv Sagar Tiwari judgment to read that the apex court asked it to frame new guidelines for allotment of public premises.
His arguments were countered by Solicitor General Kirit N Raval, who submitted that refusal of Lok Sabha Speaker and Rajya Sabha Deputy Chairperson to render "advice" did not mean ouster of Government's jurisdiction to deal with it.
"By seeking advice from the Parliamentary authorities, the Government has complied with the Supreme Court's directive in letter and spirit," Raval Submitted.
The court is seized of three appeals filed by Congress against the April 12, 2001 order of an Additional District Judge upholding the Estate Officer's order asking the party to vacate the three premises situated at 26, Akbar Road, 5, Raisina Road and C-II/109 Chanakyapuri in Delhi.
The Court asked Raval to get some Supreme Court ruling in support of its contention and adjourned the hearing to March 8. Bureau Report
"The Supreme Court had ruled in the Shiv Sagar Tiwari case that the number of premises to be occupied by a political party in Delhi has to be decided on the basis of the "advice" of the Lok Sabha Speaker and Rajya Sabha Deputy Chairperson.
"Now that they have refused to give their advice, it should be sent back to the Supreme Court for clarification," Congress counsel Kapil Sibal told Justice Manmohan Sarin.
The three premises in question are 26, Akbar Road held by Congress Seva Dal, 5 Raisina Road occupied by Indian Youth Congress and C-II/109 Chanakyapuri where party president Sonia Gandhi's private secretary V George resides.
Sibal also questioned the Government's bonafides in framing new guidelines in 2000 replacing those framed in 1985 and said the Centre wrongly interpreted the Shiv Sagar Tiwari judgment to read that the apex court asked it to frame new guidelines for allotment of public premises.
His arguments were countered by Solicitor General Kirit N Raval, who submitted that refusal of Lok Sabha Speaker and Rajya Sabha Deputy Chairperson to render "advice" did not mean ouster of Government's jurisdiction to deal with it.
"By seeking advice from the Parliamentary authorities, the Government has complied with the Supreme Court's directive in letter and spirit," Raval Submitted.
The court is seized of three appeals filed by Congress against the April 12, 2001 order of an Additional District Judge upholding the Estate Officer's order asking the party to vacate the three premises situated at 26, Akbar Road, 5, Raisina Road and C-II/109 Chanakyapuri in Delhi.
The Court asked Raval to get some Supreme Court ruling in support of its contention and adjourned the hearing to March 8. Bureau Report