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Lawyers to move Supreme Court on Telangana

Writ in SC on Centre over deviation of constitutional provisions.

Rajahmundry: Lawyers from the coastal Andhra and Rayalseema regions have resolved to challenge the AP Reorganisation Bill-2013 in the Supreme Court so as to stall the Centre’s move to bifurcate the state to carve out a separate Telangana.

Several lawyers from Seemandhra region held a meeting at Eluru on Saturday and passed several resolutions on the issue. Accordingly, they intend to file a writ petition in the Supreme Court stating how the Centre deviated from several constitutional provisions to go ahead with its decision to set up a separate Telangana state. The timing of filing the writ petition in the apex court will be decided when the cause arises.

Some lawyers suggested doing so soon after the Assembly expresses its views on the T-Bill while some preferred to do so soon after the bill is through in Parliament as the bill to become the law requires Presiden’s consent. The time gap between Parliament’s approval and the President’s consent may be availed to approach the apex court to avoid any negation of their writ petition on the pretext of premature timing.

The lawyers intend to raise the issue of interpretation of Article 371 D. Though the Centre wants to overcome Article 371 D through Article IV, the lawyers maintain that it can be done only for provisions mentioned in Schedule I and IV of the Constitution but not with the 371 D, which is mentioned in Schedule VII.

The lawyers demanded that the Centre carry out the constitutional amendment to the Article 371 D as per the provisions of Article 368. They also intend to raise the issue of one Governor for two states mentioned in the T-Bill as it is unprecedented in the Constitution itself.

The lawyers also intend to raise issues like no mention of reasons and objects for creating the separate state in the T-Bill as they are mandatory to do so. They contend that there is no clarity on the Centre’s assurance to extend financial assistance to set up a capital for the residuary state and also for setting up educational institutions. They asked as to how much money and when the Centre will give to set them up.

Regarding sharing of debts raised for execution of several irrigation projects, the lawyers argue that funds raised for the projects were deviated for taking up other works and ask the Centre as to how it could distribute the debts between the new and the residuary states.

On the other hand, the lawyers resolved to abstain from court duty until January 23 and continue to carry out a series of stirs along with JACs from other organisations to mount pressure upon the Centre. They are also planning to lay sisge to the Assembly when the T-bill is is taken up for debate besides asking the legislators to take a pledge and give in writing to support the state to remain united.

Seemandhra lawyers JAC co-convenor Muppala Subba Rao said, “We are waiting for the appropriate time to challenge T-Bill in the apex court.”

( Source : dc )
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