SC stays Andhra HC order on 'constitutional breakdown in state'
New Delhi [India], December 18 (ANI): Supreme Court on Friday stayed an order passed by the Andhra Pradesh High Court, which has sought to examine "whether there is a breakdown of constitutional machinery in the state."
ANI
Dec 18, 2020 23:57 IST
New Delhi [India], December 18 (ANI): Supreme Court on Friday stayed an order passed by the Andhra Pradesh High Court, which has sought to examine "whether there is a breakdown of constitutional machinery in the state."
A three-judge bench of the Apex Court, headed by Chief Justice of India (CJI) Sharad Arvind Bobde, today stayed the Andhra Pradesh High Court order.
"This is disturbing", the CJI observed during the course of the hearing today, and fixed the matter for further hearing in January next year.
The Andhra Pradesh government had moved the Apex Court by filing this Special Leave Petition (SLP) against the Andhra Pradesh High Court order of October 1, 2020.
The Andhra Pradesh government, had in its SLP, filed before the Supreme Court, stated that the High court had erred in not appreciating the settled law that a court ought not to go into academic questions.
"The Andhra Pradesh High Court erred in not appreciating that it cannot venture to consider the question framed by it without a proper notice to the state furnishing the statement of case and particulars, and without notice to the Attorney General," the Andhra Pradesh Government, in its SLP, stated.
It is submitted that the question framed by the High Court is wholly unwarranted and unsustainable. The question is completely outside the constitutional framework and results in unbalancing the delicate balance between the three wings of governance, the Andhra Pradesh government stated in its SLP.
"The order is a serious violation of the Executive Powers of the State and is therefore ex-facie unsustainable. It is therefore imperative that the order be stayed," the Andhra Pradesh government in its SLP filed before the Supreme Court stated.
The Andhra Pradesh High Court, while hearing over 14 habeas corpus petitions filed by detained individuals, had, on October 1, asked the state government to "assist the court as to whether in circumstances, which are prevailing in the State of Andhra Pradesh, the court can record a finding that there is constitutional breakdown in the State or not." (ANI)
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