Thaindian News

New Delhi, Sep 18 (IANS) The Supreme Court Friday said it was not satisfied with the Uttar Pradesh government’s explanation on its violation of the court’s Sep 8 order that all construction be stopped immediately at Dalit leaders’ memorials in Lucknow.
“We are not satisfied with your affidavit,” said the bench of Justice B.N. Agrawal and Justice Aftab Alam.

The remark came after the bench read Uttar Pradesh Chief Secretary Atul Kumar Gupta’s reply to the court’s Sep 11 notice on media reports that the state government was continuing with construction at various memorial sites despite the ban.

The bench rebuked the state government yet again for splurging public funds - estimated to be Rs.26 billion - for raising memorials of Chief Minister Mayawati herself along with those of her political mentor late Kanshi Ram.

“It is not (as) simple as that,” observed the bench, refusing to dispose of the matter on the basis of the government’s reply.

The bench said it needs to be examined “whether such huge public expenditure can be made for memorials.”

At this, senior counsel Mukul Rohtagi sought to defend the state government’s action, saying it was entitled to spend the funds on memorials after having the legislative approval.

The bench replied: “Suppose 80 percent of the fund (from the budget) is diverted for this (building memorial), is it not justiciable (reviewable by court)?”

“It is not as simple as that. You do not try to oversimplify this matter,” said the bench, adding “The legislature too have to work under the constitution”.

The bench subsequently adjourned the matter for further hearing Oct 5.

Chief Secretary Gupta Thursday admitted before the court the possibility of the transgression of the Sep 8 order to halt any further construction at various Dalit leaders’ memorial sites in Lucknow, which have been challenged in various courts.

“It is respectfully submitted that if any transgression has occurred, I tender the most profuse apology for the same and humbly submit that the same was entirely unintended,” said Gupta.

The court Sep 8 ordered the state government to halt all construction work at various memorial sites in Lucknow, while hearing a lawsuit by city resident Mithilesh Kumar Singh, who had challenged the state government’s move.