ID :
73317
Sat, 08/01/2009 - 18:48
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Shortlink :
https://www.oananews.org//node/73317
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Supreme Court slams political parties
New Delhi, July 31 (PTI) Close on the heels of
allowing Uttar Pradesh government to install statues of Chief
Minister Mayawati, the Supreme Court of India Friday frowned
upon political parties for installing statues of their
leaders.
"The doctrine of good governance, in our opinion,
requires the government to rise above their political interest
and act only in public interest and for welfare of its
people," a two-judge bench of Justices S B Sinha and Deepak
Verma, observed.
The bench said "what is however, important is public
interest in carrying out such construction and not any private
interest or interest of a political party".
The apex court made the remarks in a judgement while
quashing the Madras High Court upholding permission granted by
the All India Anna Dravida Munnettra Kazhagam (AIADMK)
government in 2005 to a political outfit for installing two
arches in connection with the birthday of the then Chief
Minister Jayalalithaa.
On July 10, a bench headed by Chief Justice of India K
G Balakrishnan had rejected a petition which had sought a stay
on the construction of statues of Mayawati and other Dalit
leaders in Noida.
"If the cabinet has approved it, then we can't do
anything," the bench headed by the Chief Justice had said when
counsel for the petitioner made a mention of the construction.
The apex court said while political parties cannot
resort to such installations, the government in public
interest may grant permission for construction of any building
that would serve the cause of the citizens.
"However, there cannot be any doubt or dispute
whatsoever, that the authorities in the interest of general
public and pedestrians and others, in particular, may grant
permission to construct such buildings even if it be permanent
in character as it may seem fit or carry out such construction
itself as it may seem necessary.
The bench said the general public can approach the
court by way of public interest irrespective of petitioners'
personal credentials or vested interest.
"In a public interest litigation of this nature, it is
not necessary for the court to abide by the strict rules of
pleadings and even if it is found that the petitioners are
busy bodies, the courts, while discharging them, could proceed
to deal with the public interest litigation suo moto," the
bench said.
In the instant case, the AIADMK government, which was
in power in 2005, had granted permission to M Ravichandran,
said to be a party leader to instal two statues of the then
Chief Minister Jayalalithaa on the state highways at
Perambalur on October 23, 2004.
The decision was challenged in the Madras High Court
by two persons A Abdul Farook, a local municipal councillor
and N G Karunakaran, a consumer activist on the ground that
the permission was illegal as it violated Section 26 of the
Tamil Nadu Highways Act 2001 which expressly prohibited such
construction on the highway.
However, the petitions were dismissed by the high
court, following which they filed special leave petitions in
the apex court.
The state took the plea that Section 2(8) of the Act
empowered the officials to grant permissions for such
installations and hence there was nothing wrong in installing
the statues after obtaining permission.
It submitted photographs and details of the arches to
contend that certain specifications were kept in mind while
granting the permission.
Rejecting the argument, the apex court said "before
us, the details of such arches and/or the photographs thereof
have also been produced. We, however, faile to understand as
to why the state shall grant permission to erect such arches
at the instance of a private party.
"The state being the principal protector of the rights
of its citizens, keeping in view the doctrince of public trust
as adumbrated by this court in a large number of decisions
should not have granted such permission," the apex court said
while citing its earlier rulings.
The apex court, while allowing the appeal granted the
petitioners, imposed a cost of Rs 50,000 each which is to be
paid by the Municipal Council, Perambalur, and other official
agencies responsible for permitting installation of the
statutes. PTI
allowing Uttar Pradesh government to install statues of Chief
Minister Mayawati, the Supreme Court of India Friday frowned
upon political parties for installing statues of their
leaders.
"The doctrine of good governance, in our opinion,
requires the government to rise above their political interest
and act only in public interest and for welfare of its
people," a two-judge bench of Justices S B Sinha and Deepak
Verma, observed.
The bench said "what is however, important is public
interest in carrying out such construction and not any private
interest or interest of a political party".
The apex court made the remarks in a judgement while
quashing the Madras High Court upholding permission granted by
the All India Anna Dravida Munnettra Kazhagam (AIADMK)
government in 2005 to a political outfit for installing two
arches in connection with the birthday of the then Chief
Minister Jayalalithaa.
On July 10, a bench headed by Chief Justice of India K
G Balakrishnan had rejected a petition which had sought a stay
on the construction of statues of Mayawati and other Dalit
leaders in Noida.
"If the cabinet has approved it, then we can't do
anything," the bench headed by the Chief Justice had said when
counsel for the petitioner made a mention of the construction.
The apex court said while political parties cannot
resort to such installations, the government in public
interest may grant permission for construction of any building
that would serve the cause of the citizens.
"However, there cannot be any doubt or dispute
whatsoever, that the authorities in the interest of general
public and pedestrians and others, in particular, may grant
permission to construct such buildings even if it be permanent
in character as it may seem fit or carry out such construction
itself as it may seem necessary.
The bench said the general public can approach the
court by way of public interest irrespective of petitioners'
personal credentials or vested interest.
"In a public interest litigation of this nature, it is
not necessary for the court to abide by the strict rules of
pleadings and even if it is found that the petitioners are
busy bodies, the courts, while discharging them, could proceed
to deal with the public interest litigation suo moto," the
bench said.
In the instant case, the AIADMK government, which was
in power in 2005, had granted permission to M Ravichandran,
said to be a party leader to instal two statues of the then
Chief Minister Jayalalithaa on the state highways at
Perambalur on October 23, 2004.
The decision was challenged in the Madras High Court
by two persons A Abdul Farook, a local municipal councillor
and N G Karunakaran, a consumer activist on the ground that
the permission was illegal as it violated Section 26 of the
Tamil Nadu Highways Act 2001 which expressly prohibited such
construction on the highway.
However, the petitions were dismissed by the high
court, following which they filed special leave petitions in
the apex court.
The state took the plea that Section 2(8) of the Act
empowered the officials to grant permissions for such
installations and hence there was nothing wrong in installing
the statues after obtaining permission.
It submitted photographs and details of the arches to
contend that certain specifications were kept in mind while
granting the permission.
Rejecting the argument, the apex court said "before
us, the details of such arches and/or the photographs thereof
have also been produced. We, however, faile to understand as
to why the state shall grant permission to erect such arches
at the instance of a private party.
"The state being the principal protector of the rights
of its citizens, keeping in view the doctrince of public trust
as adumbrated by this court in a large number of decisions
should not have granted such permission," the apex court said
while citing its earlier rulings.
The apex court, while allowing the appeal granted the
petitioners, imposed a cost of Rs 50,000 each which is to be
paid by the Municipal Council, Perambalur, and other official
agencies responsible for permitting installation of the
statutes. PTI
