Cabinet steps open to judicial review: Ex-CJI
TNN 25 July 2009, 12:20am IST
NEW DELHI: Commenting on the recent stand of the Supreme Court over the installation of Uttar Pradesh chief minister Mayawati's statues, former
Chief Justice of India J S Verma on Friday said judicial review of Cabinet decisions was relevant and necessary. Verma referred to the major development activities along the Yamuna riverbed including Akshardham and a 33-hectare stretch along the Yamuna riverbed in Noida being turned into a park dotted with the UP chief minister's statues. Earlier this month, the apex court had taken the stand that if the statue installation had been approved by the Cabinet, it could do nothing. Speaking at a convention on sustainable city development and legal interface in the capital organised by the Confederation of Indian Industries (CII), Verma expressed his reservation about the judiciary taking a lenient view of PILs filed in these two cases, whereas it was necessary for making cities sustainable. Referring to the S R Bommai judgment where he himself was a member of the bench, Verma said the ruling empowered the judiciary to review its decision from time to time. He added that it was because of this judgment that the Central Cabinet decision to dissolve Bihar Assembly and bring the state under President's Rule was entertained for review. He expressed his displeasure over the rejection of PILs in the two cases, which have changed the landscape of the Yamuna riverbed. Verma said he was sharing his view from a citizen's perspective. He added that the government should actively participate to bring in transparency and accountability to the system, which has been seriously lacking. Further justifying growing rural migration to cities, the ex-CJI indicated that the facilities available in Delhi in education and health domains were not available elsewhere, therefore more people migrated here. On the other hand, the developers and planners should ensure that essence of equity in the usage of land was maintained, he said. Addressing the gathering, Fali S Nariman, president of Bar Association of India and senior Supreme Court advocate, said that people, who don't take pride in nation, can't take pride in their cities.
Sunday, July 26, 2009
Friday, July 10, 2009
SC steers clear of statues
SC steers clear of statues
10 Jul 2009, 2355 hrs IST, TNN NEW DELHI: Two weeks after it sought her response to a PIL questioning her fetish for statues of herself and dalit leaders at a huge cost to the
exchequer, the Supreme Court on Friday gave enough reason for Mayawati to smile about as it refused to stay installation of her statues at Noida and Lucknow. The same petitioners -- Ravi Kant and Sukumar -- on whose PIL SC had issued notice to Mayawati and her government on June 29, again moved an application before a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam and sought stay on installation of her statue at a prime park opposite Noida's posh Sector 15 residential colony. If they got a sympathetic hearing on June 29 from a vacation Bench headed by Justice Dalveer Bhandari, the Bench headed by CJI on Friday matter-of-factly told them that the court's jurisdiction to interfere in such matters was very limited. "If a democratically elected government takes a decision and the House approves it, there is little the courts could do unless diversion or misappropriation of public fund is involved," the Bench said and posted the application seeking stay on the installation of statues along with the main petition. Senior advocates Harish Salve and Satish Chandra Mishra were quick to spin a pun for the petitioners and had even the Bench smirking. "Earlier, people used to challenge the validity of statutes, but now they are challenging the validity of statues," Salve said. The Bench said the petitioners, instead of moving the Supreme Court, should have approached the Allahabad High Court, which was already seized of similar matters. The petitioners had alleged that spending over Rs 1,200 crore from the exchequer on statues by the government was irresponsible, especially when UP had the largest population -- 59 million -- living below the poverty line. They also detailed how massive money was being spent on installing statues of Mayawati and Kanshi Ram in various parks of Lucknow -- Dr Bhim Rao Ambedkar Samajik Parivartan Sthal, Manyawar Kanshi Ram Memorial at Alambag, Kanshi Ram Bahujan Nayak Park, Ramabai Ambedkar Rally Maidan, Kanshi Ram Sanskritik Sthal, Dr Ambedkar Samajik Parivartan Prattek Sthal, Manywar Kanshi Ram Yaadgar Vishram Sthal, Buddha Sthal, Eco Park, Samatak Mulak Churaha and Dr Ambedkar Chauraha, Buddha Shanti Upwan and Prerna Sthal.
10 Jul 2009, 2355 hrs IST, TNN NEW DELHI: Two weeks after it sought her response to a PIL questioning her fetish for statues of herself and dalit leaders at a huge cost to the
exchequer, the Supreme Court on Friday gave enough reason for Mayawati to smile about as it refused to stay installation of her statues at Noida and Lucknow. The same petitioners -- Ravi Kant and Sukumar -- on whose PIL SC had issued notice to Mayawati and her government on June 29, again moved an application before a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam and sought stay on installation of her statue at a prime park opposite Noida's posh Sector 15 residential colony. If they got a sympathetic hearing on June 29 from a vacation Bench headed by Justice Dalveer Bhandari, the Bench headed by CJI on Friday matter-of-factly told them that the court's jurisdiction to interfere in such matters was very limited. "If a democratically elected government takes a decision and the House approves it, there is little the courts could do unless diversion or misappropriation of public fund is involved," the Bench said and posted the application seeking stay on the installation of statues along with the main petition. Senior advocates Harish Salve and Satish Chandra Mishra were quick to spin a pun for the petitioners and had even the Bench smirking. "Earlier, people used to challenge the validity of statutes, but now they are challenging the validity of statues," Salve said. The Bench said the petitioners, instead of moving the Supreme Court, should have approached the Allahabad High Court, which was already seized of similar matters. The petitioners had alleged that spending over Rs 1,200 crore from the exchequer on statues by the government was irresponsible, especially when UP had the largest population -- 59 million -- living below the poverty line. They also detailed how massive money was being spent on installing statues of Mayawati and Kanshi Ram in various parks of Lucknow -- Dr Bhim Rao Ambedkar Samajik Parivartan Sthal, Manyawar Kanshi Ram Memorial at Alambag, Kanshi Ram Bahujan Nayak Park, Ramabai Ambedkar Rally Maidan, Kanshi Ram Sanskritik Sthal, Dr Ambedkar Samajik Parivartan Prattek Sthal, Manywar Kanshi Ram Yaadgar Vishram Sthal, Buddha Sthal, Eco Park, Samatak Mulak Churaha and Dr Ambedkar Chauraha, Buddha Shanti Upwan and Prerna Sthal.
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