Don’t act until November 11, Telangana High Court directs government

Petitioner’s counsel Chikkudu Prabhakar told the court that the decision taken by Cabinet to privatise 5,100 permits, out of the total 10,400 permits in the State, will aggravate the existing crisis.

Published: 09th November 2019 09:40 AM  |   Last Updated: 09th November 2019 09:40 AM   |  A+A-

TSRTC JAC leader Raji Reddy being arrested by police on Friday as a precautionary measure ahead of the Chalo Tank Bund protest to be held in Hyderabad.

TSRTC JAC leader Raji Reddy being arrested by police on Friday as a precautionary measure ahead of the Chalo Tank Bund protest to be held in Hyderabad.

By Express News Service

HYDERABAD: In a bid to prevent further aggravation of the ongoing TSRTC strike, a division bench of Telangana High Court on Friday directed the state government and RTC authorities not to take any steps which would worsen the situation, until the next hearing on November 11.

“Amidst the ongoing crisis, the Cabinet had taken a decision which further agitated not only the minds of the trade unions but also the minds of the people at large,” the bench observed, while directing the State Advocate General to produce a copy of the Cabinet decision before the court by Monday.

When the Additional Advocate General J Ramachandra Rao, appearing for the corporation, raised a few objections in the present PIL and sought time to file his counter-affidavit in the case, the bench comprising Chief Justice Raghvendra Singh Chauhan and Justice A Abhishek Reddy directed him to file the counter by the next hearing of the PIL.

Petitioner’s counsel Chikkudu Prabhakar told the court that the decision taken by Cabinet to privatise 5,100 permits, out of the total 10,400 permits in the State, will aggravate the existing crisis.

When the petitioner’s counsel has said that the copy of the Cabinet decision was not available with him, the bench asked the AG BS Prasad to produce a copy of the said decision so that its legality could be tested by the court.

In his reply, the AG, while placing the counter affidavit before the court in the PIL case, said that the Cabinet decision was a privileged document, and hence, could not be made public. In fact, there was no rule that required a Cabinet decision be made public, he added. He contended that the petitioner could not challenge the policy decision of the government as per judgment of the Supreme Court which held that the courts cannot interfere into decisions taken by the governments.

Reacting to the AG’s submission, Chief Justice Chauhan said that since the Cabinet decision was under challenge, even if it was a privileged document, it could not be withheld from the perusal of the court.

“After all, this court cannot decide the legality or illegality of the decision, until and unless this court peruses the said document. Therefore, the position being taken by the AG is clearly unsustainable,” the CJ said, and directed the AG to produce copy of the said decision on the next hearing date.

Stay up to date on all the latest Telangana news with The New Indian Express App. Download now
(Get the news that matters from New Indian Express on WhatsApp. Click this link and hit 'Click to Subscribe'. Follow the instructions after that.)

Comments

Disclaimer : We respect your thoughts and views! But we need to be judicious while moderating your comments. All the comments will be moderated by the newindianexpress.com editorial. Abstain from posting comments that are obscene, defamatory or inflammatory, and do not indulge in personal attacks. Try to avoid outside hyperlinks inside the comment. Help us delete comments that do not follow these guidelines.

The views expressed in comments published on newindianexpress.com are those of the comment writers alone. They do not represent the views or opinions of newindianexpress.com or its staff, nor do they represent the views or opinions of The New Indian Express Group, or any entity of, or affiliated with, The New Indian Express Group. newindianexpress.com reserves the right to take any or all comments down at any time.

flipboard facebook twitter whatsapp