The Hindu : National : Supreme Court refers Kanshi Ram institute row to another Bench

Online edition of India's National Newspaper
Thursday, Nov 13, 2008
ePaper | Mobile/PDA Version

National

National

Supreme Court refers Kanshi Ram institute row to another Bench

One of the judges questions the opposition to the project

New Delhi: The Supreme Court on Wednesday referred to a “different Bench” a petition opposing the Mayawati Government’s decision to build Kanshi Ram Research Institute in Ambedkar Park in Lucknow, even as one of the judges questioned the opposition to the project.

Justice Altamas Kabir, heading the Bench which was to decide on the recall of its May 1 order vacating the Allahabad High Court stay, abruptly referred the matter to another Bench, even as the other judge, Justice Markandeya Katju, questioned the opposition of the project by the Gomti Nagar Jan Kalyan Mahasamithi.

“It’s a democratically-elected government and it can take up construction activities. You can vote them out if you are not happy with it,” Justice Katju observed, while stating that there was nothing wrong in the UP Government’s decision, as it did not violate any statute or rule.

Justice Katju, asked the Mahasamithi’s senior counsel Abhishek Manu Singhvi to spell out the rules, guidelines or any law that has been violated by the UP Government.

“We (judges) are not political. We are neutral,” Justice Katju observed.

It was then Justice Kabir, after having a few words with Justice Katju, passed an order stating that the matter be placed before the Chief Justice of India to be referred to a “different Bench.”

The Mayawati Government had earlier triggered a controversy by changing the land use of 35 acres area of Bhim Rao Ambedkar Park and starting construction activities for setting up the Institute in the green area.

A bench of Justices H. K.Sema (now retd.) and Markandeya Katju in an interim direction on May 1 stayed the orders of the Allahabad High Court which had earlier imposed a blanket ban on construction/renovation of government buildings in the State.

The Bench while staying the High Court’s direction issued notices to the Gomti Nagar Jan Kalyan Mahasamithi and others who had challenged the Government’s move to carry out construction activities claiming that these were in violation of the city’s Master Plan. PTI

Printer friendly page
Send this article to Friends by E-Mail

National