The Supreme Court on Friday rejected a plea to restrain Centre from carving out a separate Telanganga State saying it was “ too premature” but sought response from the AP government and Telangana Rashtra Samiti over concerns that normal life has been paralysed due to the agitation.
“A commission (Justice Srikrishna) has been appointed. The Central government has not taken a decision this way or that way. How can we prevent the Union of India from taking a decision? Your prayer is premature,” the court observed.
Besides issuing notices to TRS, which is spearheading the stir, a bench of justices G S Singhvi and S Mukhopadhaya also sought replies from the registrar general of the high court and the state bar council that even judicial work had been disrupted.
The apex court however, turned down advocate P V Krishnaiah’s plea seeking the court’s direction to the Centre to restrain it from carving a new state out of Andhra Pradesh.
Krishnaiah, who moved three PILs, had contended that the power to carve out a new state under Article 3 of the Constitution is vested with Parliament and the same cannot be done without amending Article 371-D which granted certain benefits of reservation in employment, education and other benefits to the locals.
The apex court, however, wondered whether “extra-judicial forces” could bring normal life and court proceedings to a halt as part of the agitation.
“We would like to examine whether governance can be brought to a halt by extra-judicial forces. Is it open to the bar council and advocates to disrupt the proceedings of the court,” the bench queried.
It asked the State Government, Registrar General of the High Court and the Bar Council to file their affidavits within 10 weeks.
According to the petitioner, apart from normal life being paralysed, courts too, except the high court, were not functioning properly due to the stir and that many government employees, including police personnel, had joined the stir.
The public interest litigation submitted that the agitation in the form of ‘rasta roko’, ‘rail roko’ and disruption of work at the public sector Singareni Collieries Limited was causing colossal loss of public money, besides violating Fundamental Rights of the citizens under Articles 14 (Equality) and 21 (Liberty) of the Constitution.
