Supreme Court bench declines to hear Uttar Pradesh plea

November 12th, 2008 - 11:20 pm ICT by IANS  

Bahujan Samaj PartyNew Delhi, Nov 12 (IANS) The Supreme Court Wednesday declined to hear a petition by the Uttar Pradesh government seeking the transfer to the apex court of cases pending before the Allahabad High Court challenging its notification to demolish government buildings to set up memorials to the late Bahujan Samaj Party (BSP) founder Kashi Ram.A bench of Justice Altamas Kabir and Justice Markandey Katju referred the matter to another bench.

It was hearing the petition seeking the transfer of 10 writ petitions challenging the state government’s action before the high court.

During the hearing, Katju said the court was politically neutral and was not influenced by any of the political parties - be it Uttar Pradesh’s ruling BSP, the Congress or the Bharatiya Janata Party (BJP).

He asked senior counsel Abhishek Singhvi, appearing for the petitioner, Gomti Nagar Jan Kalyan Maha Samiti, to spell out which statute was being violated by the action of the Uttar Pradesh government.

He said the court could intervene only if there was any violation of law and added that a popularly elected government was entitled to undertake any construction activity within the law. “If you feel aggrieved by its actions, then vote it out,” he said.

The petitioner said there could not be any objection if the demolition of the government structures were meant to create public utilities. But razing government buildings and encroaching on public parks for building memorials to the late BSP leader, and that too at colossal expenditure from the exchequer, could not be described as an act of public utility, the petitioner argued.

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