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Anil Agrawal (Retired)     07 October 2009

Democracy

 This is what the framers of the Constitution have given us. See the frustration of the SC:

SC slams Maya govt's 'school-boy' approach

NEW DELHI: The Mayawati government on Monday conceded before the Supreme Court that it was not wise on its part to have carried on construction 

 

at memorials for Dalits at Lucknow despite these not being within the purview of any litigation pending before the Allahabad HC. 



Scrutinising the instances where the state allegedly breached its September 8 undertaking, a Bench comprising Justices B N Agrawal and Aftab Alam said: “We say this with lot of pain that the undertaking given was an eyewash lacking in sincerity.” 



“As a prudent government, you should have stopped all work. If you look at the court as an adversary, the court will look at you with suspicion,” the Bench said. It sought to know from senior advocate Satish Chandra Mishra on whose instruction had he given the undertaking. Mishra told the court that it was given during the course of the hearing and that the chief secretary and other senior officials were informed about it. 



Responding to a petition seeking contempt proceedings against the UP government, senior advocate Harish Salve said work was continued only at Ambedkar Samajik Parivartan Sangrahalay, Pratibimb Sthal and Drishya Sthal as they did not form part of any litigation before the HC. 



But, in the face of persistent criticism from the Bench that it was imprudent on the Mayawati government’s part to have carried on construction anywhere without seeking a clarification from the SC, Salve conceded: “On hindsight, it is not wise action on the part of the government.” 



The Bench gave vent to its anguish over the manner in which the chief secretary of the state had chosen to word his affidavit in response to the SC’s September 11 order. 



The Bench said: “What kind of affidavit is this? You do not behave like a school boy or as if you are dealing with the opposition in the assembly. You should not behave as if the court was an adversary to score points. We say this with lot of pain.”

 



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