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Statue Building Spree: UP Chief Secy Apologises to SC
New Delhi | Nov 03, 2009
The Uttar Pradesh Chief Secretary has tendered a "sincere and
unqualified apology" to the Supreme Court for allegedly going ahead
with the construction of the Rs 2,600-crore memorials and statues of
Dalit icons including Chief Minister Mayawati in Lucknow even as he
denied non-compliance of its directives on the issue.
In a 51-page affidavit Chief Secretary Atul Kumar Gupta, while
strongly denying any defiance of SC directions, said he has the
highest respect for the apex court and was "duty bound to comply" with
its orders in "letter and spirit."
On October 6, the apex court had served the Chief Secretary with a
contempt notice following complaints that the state government was
going ahead with the construction work despite giving two undertakings
before it on September 8 and 11 that it would be stopped.
"I humbly and most respectfully submit that I have the highest regard
for the orders passed by this Hon'ble Court. I had acted in compliance
of the orders passed by this Hon'ble Court. However, I hereby tender
my sincere and unqualified apology for any kind of disobedience or
deviation, aberration of misconstruction, if any, which might have
happened in implementing the orders passed by this Hon'ble Court.
"Any such disobedience of deviation, if any, was inadvertent and I
hereby undertake that I shall do everything in due compliance of the
orders of this Hon'ble Court as may be directed by this Hon'ble
Court", the affidavit said.
The affidavit said "I am duty bound to comply with the orders of this
Hon'ble Court and had never intended to disobey or to disrespect the
orders of this Hon'ble court to do anything which may amount to
contempt of the orders of this Hon'ble court".
The Chief Secretary reiterated the state government's earlier stance
that the constructions alleged to have been carried out was on those
structures which were not the subject matter of writ petitions in the
Allahabad High Court.
"I very humbly submit that the state government fully complied with
the orders passed by this Hon'ble Court on 8-9-2009 and 11-09-2009. In
any case, there is no attempt being made by the state government to
justify any action or wrong which was legally impermissible,
affidavit said.
It further said "there is no disobedience of the orders passed by this
Hon'ble Court in respect of any of the properties covered by any of
the writ petitions/transfer petitions."
According to the Chief Secretary, the constructions were undertaken at
three properties "Samajik Parvartan Sangrahalay,
and "Pyramid" (Drishya sthal) which were not the subject matter of the
writ petition in the high court.
Certain constructions were also undertaken at "Smriti Upvan" which was
in fact permitted by the apex court by its December 12, 2008 order,
the Chief Secretary said.
He said the undertaking given by the state before the apex court on
September 8 and 11 were with regard to 13 properties which are the
subject matter of the writ petitions pending in the high court in
which no construction activities are being carried out.
These properties are "Satkar Bhawan," "Ambedkar Sthal," "Ambedkar
Maidan,", "Bunglow No 4, 5, 12, 12A and 13, Mall Avenue, "Kanshiram
Yadgaar Sthal,""Office of the Cane Commissioner,
Bhawan," "Elephant Court," "Mini Stadium," "Ramabai Park," "Khasra No
87 and 88 spread over 0,809 hectars of land at Jugauli village,
Lucknow," "75 acres land of Ambedkar park/Ambedkar Smarak" and "270
acres land of M/S Sahara India Ltd."
The affidavit said construction on these 13 structures were completed
by June 26 and only certain rectifications were needed to be carried
out but no further construction was done at these sites in pursuant of
the undertaking given by the state government on September 8 and 11.
The apex court, which had directed the personal appearance of the
Chief Secretary, is expected to take up the matter tomorrow.
Mithilesh Kumar Singh, an advocate and an NGO had challenged the
validity of Mayawati government's decision to spend Rs 2,600 crore of
public money for construction of the memorials by demolishing several
existing heritage structures in the heart of Lucknow city.
The court had rebuked the state government asking it not to play
politics with the court and said instructions from the "highest level"
seems to have come to defy its orders.
The apex court, while dealing with the issue, said it was expanding
the scope of the petitions and would examine the constitutional
validity of the government spending huge amount of public money for
construction of memorials and statues for political leaders.
Filed At: Nov 03, 2009 17:02 IST , Edited At: Nov 03
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