The Supreme Court on Friday made it plain that it has no role to play in the Telangana issue as any decision on formation of the new state entirely fell in the domain of the Union government. But the top court took cognisance of the “bad governance” and huge damage to public property during the agitation for separate state and issued notices to the Centre and the Andhra Pradesh governments in this regard.
“It is purely a political question. Unless the notification is issued by the government where is the cause of action (for judicial intervention)? We will not allow or prevent the government exercising its powers. This petition (against Telangana) is absolutely premature,” a bench of Justices G.S. Singhvi and S.J. Mukhopadhaya said while rejecting a PIL by advocate P.V. Krishniah for stopping the Centre from taking any step towards the formation of Telangana.
“Srikrishna commission report is before the Union government, which is fully entitled to take a decision. We don’t want to prevent it from taking any decision,” the bench said while giving liberty to Krishnaiah to file any petition of this nature in future after the notification for the separate state is issued.
However, the apex court expressed serious concern over the “deterioration” of the administration and adverse affect on the functioning of courts, especially the AP high court due to Telangana agitation and sought replies from the Centre, state government, Registrar General of HC and the AP Bar Council on the overall impact of the stir on the governance, particularly functioning of the HC.
All the respondents were directed to furnish details within 10 weeks, with the state specifically asked to furnish details about the damage caused to public and private properties.
“Whether governance can be brought to complete halt by extra-constitutional means? Whether it is open to Bar to give call for boycott of the courts that we will consider. We direct the Registrar General of the HC to file affidavit giving details about the number of days the HC could not function and how judges were prevented from exercising their constitutional function,” the exasperated top court said.
Disapproving the conduct of lawyers, the bench asked the Bar Council of Andhra Pradesh, the statutory body to regulate the bar associations, as what action it had taken against the lawyers who indulged in disrupting the functioning of the judiciary.