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SC rejects PIL opposing T

SC rejects PIL opposing T
Highlights

The Supreme Court on Monday dismissed the public interest litigation (PIL) filed by advocate P V Krishnaiah, challenging the Centre’s decision on bifurcation of Andhra Pradesh and creation of Telangana. The Supreme Court Bench comprising Justice H L Dattu and Justice S J Mukhopadhaya said, “A few more required steps have not been taken as yet. Your petition is premature.The Central Government will take the matter to parliament which may accept or reject the proposal.”

  • Court says it’s too early to entertain such appeal
  • Parliament can accept or reject the proposal

Venkat Parsa

New Delhi: The Supreme Court on Monday dismissed the public interest litigation (PIL) filed by advocate P V Krishnaiah, challenging the Centre’s decision on bifurcation of Andhra Pradesh and creation of Telangana. The Supreme Court Bench comprising Justice H L Dattu and Justice S J Mukhopadhaya said, “A few more required steps have not been taken as yet. Your petition is premature.The Central Government will take the matter to parliament which may accept or reject the proposal.”

As of now, it is only a party decision and the government has not yet initiated the process for creation of separate Telangana. As such, the Supreme Court has said when the proposal goes before parliament, it may or may not be accepted, indicating that it was too early for it to entertain such a plea. At the same time, the Supreme Court Bench rejected the claim of the petitioner that the Centre had the power to create a new state under Article 3 of the Constitution.

HC rejects PIL against bifurcation
Hyderabad: The Division Bench of the AP High Court dealing with public interest litigations (PILs) comprising Chief Justice Kalyan Jyothi Sengupta and Justice KC Bhanu on Monday dismissed the writ petition filed seeking an order restraining the Central government from going ahead with the bifurcation of the State stating that the petitioner Suryanarayana had not submitted any evidence that the Central Government had taken a decision in the issue. Chief Justice Kalyan Jyothi Sengupta inquired with the additional solicitor general whether he had any information regarding the Central Government’s decision on the issue.

The petitioner stated that Union Minister P Chidambaram made a statement in Rajya Sabha and the others had also made similar statements. Reacting to the submission, the Division Bench stated that the court could not give any ruling basing on the statements made on the floor of Parliament.

The Division Bench on PILs adjourned to September 2 a writ petition filed by D Narender Reddy, a resident from the city challenging the imbroglio on the Telangana issue. The petitioner wanted, at the instance of the court, a declaration either way on the demand for a separate statehood. The petitioner pointed out that the prolonged protests and agitations including those by the NGOs, political suicides had not led to a clear decision from the Centre.

In yet another writ petition the Bench granted time till next Monday for the AP NGOs to file its written response. Dealing with a writ petition filed by Ravi Kumar, a practising advocate, the Bench made it clear that the court would steer clear of emotional pleas and sentiments and stick to judicial reviewing the issue on hand.

The Bench had earlier voiced its doubts on how a recognised service organisation under the State government could partake in a political agitation with law and order ramifications. Senior Counsel CV Mohan Reddy appearing for the AP NGOs cautioned against the court being used as a political platform by the writ petitioners. He said that on the way to examining the issues raised in the petition, the Bench must scrutinize the bona fides of the writ petition and must ensure against the court being used as ‘a platform for collateral purposes’.

Government pleader V Ch Naidu pointed out that the government was monitoring the situation closely and taking steps to minimise public inconvenience. He also brought to the notice of the court that the government has constituted a committee of group of ministers that is looking into the demands of the AP NGOs in order to withdraw the strike. Adjourning the matter to September 2, the Bench made it clear that the AP NGOs respondent will have to file the counter by Friday.

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