SC Refuses to Restrain Centre on Telangana

Publish Date:Nov 12, 2011

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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 (TRS) 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 GS 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 PV 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 withing 10 weeks.

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