Constitutional breakdown? Andhra govt to challenge HC Q in Supreme Court

Source:-https://www.newindianexpress.com

VIJAYAWADA: The Andhra Pradesh government is likely to move the Supreme Court against the recent High Court move to examine whether there is a constitutional breakdown in the State. The HC bench of Justice Rakesh Kumar and Justice Uma Devi, hearing a batch of habeas corpus petitions filed against alleged police excesses in the State, on October 1 gave the order and Advocate General S Sriram filed a petition to recall the order on Monday when the habeas corpus petitions came up for hearing.

Special Senior Counsel SS Prasad, appearing on behalf of the government, objected to considering such a question. He said such question cannot be framed as it does not have any support or basis in any of the petitions before the court. He argued that the said question being raised is beyond the jurisdiction of the court and that such a question should not enter into discussion or adjudication.

He further said the court cannot frame such questions suo motu and any finding or adjudication on such questions will be as good as a letter or report from a politician to the Governor complaining failure of law and order in the State. He contended that exercise of jurisdiction for such questions will be criticised attributing motives.

Petition to recall High Court order dismissed

He further contended such finding can become a subject matter of debate and criticism by all political parties and by all the public and politicians inside and outside Parliament or Assembly and such a consequence will be inconsistent with Article 211 of the Constitution under which the orders or conduct of any judge cannot be discussed in Parliament or Assembly.

Dismissing the petition to recall the order, one of the Judges remarked that the State can go to the Supreme Court and get a stay.Official sources said the State government will move the Supreme Court challenging whether a court can formulate such a question and is it within the jurisdiction of the High Court to decide whether a constitutional breakdown in the State is underway or otherwise? It will also question as to how the High Court can disallow the request for time to file the counter when the parameters were revealed only on the day of hearing (Monday).