Zeenews BureauNew Delhi, June 28: The Supreme Court on Monday rapped at the knuckles of Uttar Pradesh government, questioning its project of installing statues of CM Mayawati allegedly spending crores of rupees from the state exchequer.
The apex court noted with surprise that 90% of budget of the Uttar Pradesh Cultural department was spent for the installation of the statues of Mayawati, Bahujan Samaj Party founder Kanshi Ram and party symbol elephant. A show cause notice was issued to the government for the same.
A vacation bench comprising Justices Dalveer Bhandari and A.K. Ganguli asked the state government to file an affidavit within four weeks, detailing its arguments for the use of public money to erect statues in the state.
"Notice to show-cause why the petition should not be
admitted," the bench said and sought reply from the Uttar Pradesh Government, Mayawati, BSP and
Election Commission which are named as respondents in the PIL
filed by Supreme Court advocate Ravi Kant.
Kant alleged that the total money used by Mayawati
from the state budget for 2008-09 and 2009-10 for such
projects was to the tune of Rs.2,000 crore to "falsely
glorify" the Chief Minister.
No sooner the order was issued, Mayawati's close aide
and senior advocate Satish Chandra Mishra voiced his protest
but the Bench said whatever he has to say he can to do it by
way of reply to the notice.
Mishra, who resisted the issuance of notice, alleged
that "it is a politically interest litigation filed at the
behest of others (political rivals)" noting that even before
the petition came up for hearing, the petitioners had gone
before the media.
He said notice at this stage would open a larger issue
relating to the use of public land and made a selective
reference to Teen Murti Bhavan in the capital saying
the land itself cost over Rs 500 crore.
However, the Bench was unmoved and said "whatever you
have to say you can say it in the reply".
It reminded Mishra that it has only noted the
allegations in the PIL which said "hundreds of crores of
rupees" meant for developmental work were being used by the UP
Government for personal glorification of leaders and
installing their statues.
Before Mishra, senior advocate U U Lalit, appearing
for the state government, contended that it was not the case
for issuance of notice as the apex court in the past had
passed orders in favour of the state government on the same
issue which the petitioners are not aware.
Lalit was responding to the Bench which wanted to know
from him whether he would like to file a reply to the PIL.
He said the issue has been going on for the past two
years and "every single expenditure has been approved by the
House (State Assembly).
Lalit and Mishra said that unveiling of 15 statues by
Mayawati on June 25 has nothing to do with the PIL and it
would be wrong to draw an inference that it was done in a bid
to pre-empt the apex court from putting on hold all such
projects.
The Bench took note of the contention of the
petitioners that the activity of installing statues of Chief
Minister and party symbol carried out as state policy was
arbitrary and violative of Article 14 of the Constitution.
Ravi Kant told the bench that the information gathered
through RTI disclosed that 60 statues of elephant were
installed at a cost of Rs 52.20 crore at public places by
utilising state funds.
The petition said that such expenditure on
installation of statues of leaders violates the various
circulars of the Election Commission.
It referred to the April one circular which clearly
stated that images of the political functionaries, who have
deep influence on the minds of electors and many of whom are
still active in public life should not be displayed in the
government buildings and premises as that would have the
effect of disturbing the level playing field.
The PIL said spending crores of rupees to "falsely
glorify" leaders in a state like UP which is part of the so
called BIMARU States and having Human Development Index
among the lowest in the country is a complete misuse of Public
Money.
The PIL has sought a direction to restrain Mayawati
from installing her statues and party symbol at public places
at the cost of public fund and demanded a CBI probe into the
misuse of state exchequer.
The petitioner, who has made Mayawati along with her
party and Chief Secretary of the state as respondents, said
the state government should be directed to remove the statues
of Chief Minister and her party symbol 'elephant' from public
land.
"Every action taken by the government must be in
public interest. The government cannot act arbitrarily and
without reason and if it does, its action would be liable to
be invalidated," the petitioner said.
Giving details of the ongoing projects of installing
the statutes in the state, the petitioner contended that "the
expenditure of several crores of public money to fulfil the
whims and fancies of an individual is against the principles
of natural justice and fails the test of reasonableness."