VIJAYAWADA: Observing that the government will be held responsible if it shifts the capital from Amaravati while the Public Interest Litigations (PILs) filed against the move are pending with it, the Andhra Pradesh High Court on Thursday said the capital should not be shifted till the Bills get the nod of the legislature.
The High Court also said the government officials concerned have to pay the expenses from their own pockets if they go ahead with the shifting of the capital. The High Court, which heard a batch of petitions against shifting of capital to Visakhapatnam, sought to know as to why the government introduced a Bill in the Legislature when it (High Court) gave more time for the farmers and other stakeholders to submit their grievances and objections on shifting the capital.
Making these observations, the High Court bench comprising Chief Justice JK Maheswari, Justice AV Seshasai and Justice M Satyanarayana Murthy posted the matter to February 26 for further hearing.
The High Court, which refused to give interim stay order on the PILs, said that it cannot give any such interim stay as the Bill was still pending with the Council. It said that interim stay cannot be given on the matter at this “premature stage”. It will take time for the Bill to get passed in the Legislative bodies and at least another month to become an Act, the court observed. When the High Court asked the status of the Bill, Advocate General S Sriram said that the Bill was passed by the Assembly and it was referred to Select Committee by the Council. With this, the court said that the PILs need not to be heard at this juncture.
Arguing on behalf of the petitioners, Supreme Court lawyer Ashok Bhan maintained that the court should immediately intervene as there are chances of shifting of Secretariat anytime. He said that the government had given oral instructions to shift the capital and apprehended that steps have been initiated to shift the offices from Amaravati to Visakhapatnam. Responding to this, the division bench warned the government against shifting the offices before the Bill was passed. Arguing on behalf of the government, senior lawyer Mukul Rohatgi said that the contention of the petitioner’s counsel that the Decentralisation Bill was a Money Bill was false and said it was introduced as a general Bill. The High Court observed that it will wait till the decision of the Select Committee and asked the petitioners to wait until then.
The Division Bench observed that it will wait for the Select Committee report and said the petitioners can bring to its notice if the government goes ahead with shifting of Secretariat to Vizag without passing the Bills. Saying that the officials might be well aware of the powers of the Court, the Bench observed that the officials should have to revert to Amaravati if it finds that the offices are shifted, and maintained that the expenses for shifting back to Amaravati will have to be borne by the officials.
What petitioners say
Supreme Court lawyer Ashok Bhan says the court should immediately intervene as there are chances of shifting of Secretariat buildings anytime.
The govt had given oral instructions to shift the capital; Steps have been initiated to shift the offices from Amaravati to Visakhapatnam.
Court stand
Court will wait till the decision of the Select Committee; There is no need of hearing the PILs now
Officials should have to revert to Amaravati if court finds that the offices were shifted.
The expenses for the shifting back to Amaravati will have to be borne by the officials.