Mayawati govt gives SC an undertaking, no more statues
The controversy regarding the installation of statues of BSP leaders in UP, took another turn on Tuesday. The UP government gave an undertaking to SC that there would be no further construction of such statues.
WITH NO strings attached, the Mayawati Government on Tuesday (September 8), gave an undertaking to the Supreme Court that any further construction regarding statues for BSP leaders in Lucknow, would be stopped..
Appearing for the petitioner, senior advocate Abhishek Manu Singhvi, suggested that the state government had violated the order by carrying out further demolition activity. He pointed out that seven structures were constructed in UP on the area under question by razing existing buildings.
Mishra, however, contended that the state did not violate the order as all demolition activity was over prior to February 27. This invited an angry reaction from the Apex Court, which asked why the State Government did not state this fact on February 27, when it had passed the order in question.
The Bench of Justices BN Agrawal and Aftab Alam said, “It’s a serious matter. If this is (a) fact as you state, why it was not brought to our attention that day. That renders our orders infructuous.”
When Mishra sought to alleviate the controversy by suggesting that as the properties were large in number, it was difficult to ascertain, which properties were demolished, the Bench refused to take the matter lightly. “If you are making constructions on the area which is (a) subject matter of the writ petitions before the Allahabad High Court, the matter is serious,” it said.
“If the writ petitions (challenging the memorials, statues) are allowed, these structures will have to be demolished. There will be colossal wastage of public money,” the Bench added.
When Mishra sought to alleviate the controversy by suggesting that as the properties were large in number, it was difficult to ascertain, which properties were demolished, the Bench refused to take the matter lightly. “If you are making constructions on the area which is (a) subject matter of the writ petitions before the Allahabad High Court, the matter is serious,” it said.
“If the writ petitions (challenging the memorials, statues) are allowed, these structures will have to be demolished. There will be colossal wastage of public money,” the Bench added.
The writ petition in question was submitted by advocates Ravi Kant and Sukumar, who had questioned whether public money could be spent for self-glorification by leaders. The matter is pending before a Bench headed by Chief Justice KG Balakrishnan. On July 10, the same Bench had turned down the request by the petitioners to stall further construction of statues in the state.
The government sought to play this point to its advantage during the argument on Tuesday. Stating that the Bench headed by Chief Justice had refused to stay the construction, Mishra said that the work was almost over and only finishing touches were needed. He alleged that the petitioners were acting at the behest of a political party, which would not have come to court had a memorial was constructed for their leaders.
The court said, “If the centre decides to construct smaraks of all former PMs at huge cost to the public, is it not justiciable.” Mishra responded, “The Congress governments have done it for four persons of the Gandhi family. Nobody questions it. Just because this is for Dalit leaders, there is this PIL.”
But faced with a stay order, Mishra had no option but to relent under pressure and agreed to give an undertaking. Fixing the matter for October 29, the Bench gave time to the UP administration to file its reply.
Meanwhile the petitioners were also asked to file their response by the next date.
The government sought to play this point to its advantage during the argument on Tuesday. Stating that the Bench headed by Chief Justice had refused to stay the construction, Mishra said that the work was almost over and only finishing touches were needed. He alleged that the petitioners were acting at the behest of a political party, which would not have come to court had a memorial was constructed for their leaders.
The court said, “If the centre decides to construct smaraks of all former PMs at huge cost to the public, is it not justiciable.” Mishra responded, “The Congress governments have done it for four persons of the Gandhi family. Nobody questions it. Just because this is for Dalit leaders, there is this PIL.”
But faced with a stay order, Mishra had no option but to relent under pressure and agreed to give an undertaking. Fixing the matter for October 29, the Bench gave time to the UP administration to file its reply.
Meanwhile the petitioners were also asked to file their response by the next date.
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