Can Government lie before the Supreme Court

Sethusamudram project .. is it necessary to hold a bandh? Holding a rare sitting on a Sunday 30th September 2007 , the bench of Acting Chief of the Supreme Court of India , Justice B N Aggrawal and P P Naolekar ordered that the DMK and its allies shall not go ahead with the bandh either on October 1 or any other date, as the bandh per se was illegal and unconstitutional in view of the court’s earlier ruling on the validity of bandhs.
The Supreme Court passed the direction on an "urgent application" filed by the opposition AIADMK along with its special leave petition seeking an injunction against the bandh. The three-hour argument that preceded the direction saw the bench making some scathing and stinging remarks against the very concept of a bandh.

Stung by the court order, Tamil Nadu Chief Minister M Karunanidhi changed plans and decided that he and his alliance leaders would fast tomorrow in support of their demand. Declining to comment on the order, Karunanidhi told reporters "the hunger strike is for removal of Nandis (obstacles)" for speedy implementation of the project. Instead of the bandh, we will be observing a fast, he said.

The bench rejected arguments of senior counsel appearing for Tamil Nadu and the DMK that the October 1 protest programme was not a bandh call but a "hartal". The bench brushed aside the claims of the state and the DMK that what was essentially intended was a public meeting.

But immediately after the Court stayed the Bandh, Karunanidhi in his anger stated that, "Instead of the "bandh" we will be observing a fast..."

Now, the question is whether the Government can lie before the Court so as to mislead it?

And we find today 1st October 2007 that the Public transport buses ( owned by State Government Corporations ) are not plying on the roads, leading to grave hardship to the common public. Is the ruling political party entitled to disregard the orders of the Apex Court?

The Supreme Court on Monday pulled up the Tamil Nadu government for failing to comply with its order on a bandh call given by the ruling Dravida Munnetra Kazhagam.

The apex court warned the Tamil Nadu government of initiating contempt of court proceedings and said, if necessary, it will not hesitate to summon the chief secretary and the chief minister.

"Is this the government? Is this the Tamil Nadu government? Is it the DMK government, a strong ally of the United Progressive Alliance government? If this is the attitude of the DMK government, the UPA government should not feel shy of dismissing it and impose President's Rule," the court observed.
The Ram Sethu Row
The controversial Sethusamudram Canal Project
   By Sankaran Sivaramakrishnan
Published: 10/1/2007
 
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