Supreme Court docket stays AP HC’s order on breakdown of constitutional equipment


Vijayawada: The Supreme Court docket on Friday stayed the order issued by the AP Excessive Court docket asking the Andhra Pradesh authorities whether or not there was breakdown of constitutional equipment within the state.

A bench headed by Chief Justice of India S.A. Bobde noticed that they’d not seen any order issued like this by the AP Excessive Court docket in any case and the apex courtroom discovered it to be disturbing. Justice Bobde directed concern of discover and keep and ordered the registry to checklist the case after the Supreme Court docket trip.

 

Solicitor Normal Tushar Mehta, arguing for the AP authorities, stated that the ability to look at whether or not constitutional equipment had damaged down or not was vested with the chief and never with the judiciary.

It could be talked about {that a} AP HC division bench led by Justice Rakesh Kumar had rejected an software filed by the AP authorities asking for recall of its October 1 to look at the breakdown of constitutional equipment within the state. The AP HC whereas listening to habeas corpus petitions on that day requested the state authorities’s counsel to return ready to help the courtroom to report the discovering whether or not there was a constitutional breakdown within the state or not.

 

In response, the AP authorities had challenged the order, contending that it impinges on the doctrine of separation of powers. It’s the President who’s empowered to enter the query of breakdown of constitutional equipment beneath Article 356 and never the judiciary.

The petition filed by advocate Mahfouz Nazki stated that beneath the constitutional framework, it’s not for the courts to determine as as to if there’s a constitutional breakdown in a state or not.

On Friday, the AP Excessive Court docket adjourned the listening to on the difficulty following the Supreme Court docket keep order.

 

When the Excessive Court docket division bench comprising justice Rakesh Kumar and Justice Umadevi continued the listening to on the difficulty earlier within the day, authorities pleader Y.N. Vivekananda knowledgeable the courtroom that the federal government had appealed within the Supreme Court docket.

As Justice Rakesh Kumar expressed his intent to proceed the listening to within the afternoon, authorities senior counsel C.V. Mohan Reddy requested the courtroom to adjourn the listening to to Monday as he was having some private concern. The courtroom dominated it out.

When the courtroom resumed the listening to within the afternoon, Justice Rakesh Kumar requested concerning the growth within the Supreme Court docket. Authorities pleader Y.N. Vivekananda knowledgeable the courtroom that the Supreme Court docket had issued a keep order. Based mostly on this, the choose adjourned the listening to on the difficulty of constitutional breakdown indefinitely.

 

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