New Delhi: The Supreme Court on Tuesday posted for July 11 after Summer vacation from May 21 to July 2 the hearing on the Andhra Pradesh government's plea to set up three capitals of the state to house separately the government, the legislature and the high court.
It has come in challenge to the High Court's judgment on March 3, 2022, holding that Amaravati is the only capital of the state.
A bench of Justices K.M. Joseph and B.V. Nagarathna posted the matter after the vacation, noting that there are many senior advocates to argue in the case and they would require time to advance their arguments and court will be left with no time to write the judgment since Justice Joseph would be retiring on June 16.
In any case his retirement will require a new bench to hear the matter.
Even as the court flagged the paucity of time to hear the matter in which a battery of senior lawyers including Fali Nariman, K.K. Venugopal. C.S. Vaidyanathan, Shyam Divan and others are appearing for different parties, Venugopal told the bench that the law that was enacted for the creation of three capital has been withdrawn and all that remains to be argued is impact of the High Court judgment on the principle of separation of powers and the functioning of the State government.
Venugopal – former Attorney General – told the court that the High court judgment has not been stayed and there can be a hearing on this limited aspect. He said that much of the things that are left now are of academic interest. He said that such a judgment impacting the principle of separation of powers between the executive, legislature and the judiciary should not get repeated.
Setback for Jagan Mohan Reddy govt
The Andhra Pradesh government along with others have challenged the judgment of the State High Court on the proposed three capitals case and had sought a stay on the High Court verdict.
The YSR Congress Party -led government had moved the top court on September 17, 2022, against the High Court’s March 3, 2022, judgment that upheld Amaravati as the only capital of Andhra Pradesh.
The Andhra Pradesh government has contended that the High Court’s judgment is an encroachment into the powers of the executive and the legislature.
The Supreme Court on November 2022, had stayed the High Court’s directions, asking the state government to develop Amaravati's capital city and capital region within 6 months.
While staying the High Court order directing the Andhra Pradesh government to develop the capital city and capital region within 6 months, the bench of Justice Joseph and Justice Nagarathna had said, “Courts cannot become a town planner and Chief Engineer”.
The top court found the directions issued by the high court overstepped the “separation of power” principle.
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