NEW DELHI: In a display of unwarranted judicial authoritarianism, the Sikkim High Court had hounded a business woman till the Supreme Court on Friday stepped in to protect her and chastise the hill state judges to focus only on the issue before them and the rule of law.
The woman, Shanti Devi, after the death of her husband wanted to change the name of the business being carried on from a tenanted premise for the past 30 years. The landlord move the authorities saying not to permit her to use the trade name or change it till he gave her a no-objection certificate.
When she did not get the no-objection certificate, the lady moved the high court with a writ petition seeking the relief.
But, the outcome not only shocked her but also the Supreme Court, which termed it as a gross display of naked authoritarianism.
The court dismissed her petition, directed her to vacate the rented premises, imposed a cost of Rs one lakh and on finding that she has not vacated the premises within two days, initiated contempt proceedings against her.
An apex court Bench comprising Justices Ashok Bhan and Altamas Kabir said: "What is of grave concern is the fact that the Judges completely disregarded the civil law relating to eviction and directed the writ petitioner on her writ petition for different reliefs to hand over possession of the tenanted premises to the landlord," the Bench said.
"This case in hand is an example of how the writ courts have in recent times forgotten or ignored the line between the reliefs which could be given by the civil courts and the constitutional courts," the Bench said in anguish.
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