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SC refuses interim stay on creation of Telangana

The court also said it would also have to consider if this issue will require to be heard by a Constitution Bench in view of the subject matter.

By: Express News Service | New Delhi |
May 6, 2014 12:54:05 am

The Supreme Court on Monday refused to stay the Centre’s notification on the creation of separate state of Telangana, saying it will be “improper” to stall a policy decision of the government by way of an interim directive.

A Bench led by Justice H L Dattu said that no interim order can be passed in a matter like this and that the parties must wait for the final hearing.

“These are all policy matters. By way of an interim order, we cannot stay such decisions of the government. It will be improper. This is not a matter of interim direction. We cannot be doing that,” observed the Bench while posting the matter for the final hearing on August 20.

Hearing petitions challenging the government’s January notification that proposed the creation of Telangana state, the Bench also made it clear that it was open to issuing all orders if the impugned notification was found violating the constitutional provisions.

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“There cannot be an order on status quo but on the day we finally hear it and if we found it, we will say so if they have violated all the constitutional provisions. This court can hold it illegal,” said the Bench.

The court also said it would also have to consider if this issue will require to be heard by a Constitution Bench in view of the subject matter.

The petitions claimed no such notification could have been issued by the Centre as the Andhra Assembly had unanimously rejected the proposed Bill for the bifurcation of the state and in the process, the Union government had breached all mandates of the Constitution.

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