Lok Sabha Debates
Regarding Failure Of The Government To Set Up A Separate High Court In Telangana. on 5 May, 2015
Sixteenth Loksabha an> Title: Regarding failure of the government to set up a separate High Court in Telangana.
HON. SPEAKER: Mr. Jithender Reddy, would you like to say something or somebody else will speak?
SHRI A.P. JITHENDER REDDY (MAHABUBNAGAR): As per the State Re-organization Bill, it had been assured that separate High Courts will be formed for Andhra Pradesh and Telangana. Now, we have taken up this matter during ‘Zero Hour’. We have raised this matter under Rule 377. We have requested the Minister of Law. Earlier Ravi Shankar Prasadji was the Minister of Law. Now he has been changed and Shri Sadanand Gowdaji has come. He has also given us assurance. Andhra Pradesh Bar Association have come here and have requested the Minister in this regard. The Minister has said that within one week’s time, it will be bifurcated. But nothing has happened. For 45 days, all the lawyers were on strike. The Minister has assured us saying that if the Telangana Government gives a place for Andhra Pradesh High Court, it will be bifurcated immediately. Our Chief Minister has written saying that the High Court which exists today in a very traditional building built by the Nizams will be left to you. He has said: “You take this building, we will go to Gachibowli and have our court there”. Then the Minister said: “Within one week, we will bifurcate it”.But till date nothing has been done. Out of 29 judges in the High Court, only six judges are from Telangana. The Telangana cases are being neglected. All cases put up by the advocates from Telangana have been kept aside. A lot of partition is happening. We had a report just know, we are not sure about this, that seven acres of land, each acre costing about Rs. 16 crore, has been given to a film actor from Andhra Pradesh. This is a prime property of Telangana. The people of Telangana have fought for this land. They had an agitation for this for sixty years. It is very unfortunate. Ours is a new State. We do not want any problems with anybody. With all due respect to you, we are conducting ourselves in the House. But this has become a big problem and water is flowing above our heads. I would request the hon. Minister that he should come to the House and assure us as to when he is going to give us the High Court in Telangana.
SHRI B. VINOD KUMAR: There was a Public Interest Litigation in the High Court of Hyderabad, which is the High Court for both the States of Telangana and Andhra Pradesh. Unfortunately, day before yesterday there was an order passed by the Chief Justice of the High Court… (Interruptions)
We passed this Act in the Parliament and he interpreted the Act in another way. The Act specifically says that the principal seat of High Court of Andhra Pradesh shall be at such a place as the President, may by notified order appoint. So, the Union Cabinet should decide it and send it to the hon. President of India wherein he will notify. But the order that has been passed yesterday by the High Court suggests as if the Act was not correct.
HON. SPEAKER: That you cannot discuss here.
SHRI B. VINOD KUMAR: As has been mentioned by my colleague here, out of 29 judges in the High Court, only six judges are from Telangana. For the last many years we have been fighting for justice for a judicial cause. The hon. Home Minister or the hon. Law Minister should make a statement in this regard. The Government had assured us during the `Zero Hour’ and also when we raised it through Matters under Rule 377 and also when we debated the matter. I would like to request the hon. Home Minister to assure us in the House as to when the Government is going to notify. As per the Act the Government has to notify. When is the Government going to notify this? The Government has to say this here. The affidavit filed by the Union Government is not as per the Act. The Government has to safeguard the provisions of the Act as passed by this Parliament… (Interruptions) The advocates on their behalf did not argue… (Interruptions)
HON. SPEAKER: If the Government wants to respond to this, I can allow.
… (Interruptions)
HON. SPEAKER: Hon. Law Minister, are you responding to this matter?
THE MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA): Madam, yes… (Interruptions)
HON. SPEAKER: Shri Kharge, it is not your issue. Hon. Members from Telangana has raised it and the hon. Minister is responding to it. Please listen to the hon. Minister. Every now and then it cannot be like this.
… (Interruptions)
SHRI MALLIKARJUN KHARGE (GULBARGA): My request is that when the States are separated, immediately the Government should concede to their request. Why should the Government delay it?… (Interruptions)
HON. SPEAKER: The hon. Minister is responding now.
SHRI D.V. SADANANDA GOWDA: Madam, Speaker, there was a sincere attempt by the Government to resolve this problem. I had detailed discussions with the Chief Ministers of both the States, even including the Members from the State of Telangana. They came to me and we had a detailed discussion.
Of course, we reached a stage where both the Chief Ministers came to a conclusion that they can provide some buildings and other things as infrastructure so that we can resolve the problem. … (Interruptions) The Chief Minister of Telangana gave a letter also. All Members of Parliament belonging to Telangana came to me and I had detailed discussions with them.
In the meantime, unfortunately, a Public Interest Litigation was filed before the High Court of Andhra Pradesh at Hyderabad. Due to that Public Interest Litigation, our hands are tied. The matter is sub judice. So, I am not in a position to make any statement beyond this. But a sincere attempt was made by the Central Government to resolve the problem. Just because the matter is pending before the High Court of Andhra Pradesh, we are not in a position to make any statement. … (Interruptions) As soon as the High Court delivers its judgment, we will be at it. Certainly, we will have a High Court for Telangana at the earliest. But till the disposal of the case which is pending before the High Court, we are not in a position to do anything. Our hands are tied.… (Interruptions)
SHRI B. VINOD KUMAR: Madam, it is unfortunate that the hon. Minister says as if the PIL is pending. It has been disposed of day before yesterday.
HON. SPEAKER: If it is disposed of, then he will see to it.
SHRI B. VINOD KUMAR: Madam, I am not finding any fault. It is disposed of.
SHRI D.V. SADANANDA GOWDA: As soon as the matter is disposed of by the High Court, the Government will work on it and we will look into what best solution can be given to the State of Telangana… (Interruptions)
SHRI B. VINOD KUMAR: Madam, the Act has very categorically stated that the President may, vide notified order specify…… (Interruptions)
HON. SPEAKER: It is not like that. You send it to him. Let him study whatever High Court has said. Only then, it can be done. It cannot be done here. Discussion can be done here. He said that he will go through it. Now, please take your seat. Shri Vinod Kumar, please send it to him. Do not read it here. Let him study it and take action. That is the way it should be.
… (Interruptions)
SHRI D.V. SADANANDA GOWDA: Madam Speaker, I do not know about it. My friend is telling that it was disposed of day before yesterday. But I will get the particulars. Is it possible to deliver a judgment on Sunday? I do not know about it. Leaving apart that no court is working on Sunday, even if it is disposed of, I will get a copy of the judgment, study the matter in detail, will call all my friends, discuss with them and find a solution as per the Reorganization Act… (Interruptions)
SHRI B. VINOD KUMAR : Please specify the time frame… (Interruptions)
SHRI D.V. SADANANDA GOWDA: How can I specify the time for it? Infrastructure and other things have to be looked into. Regarding bifurcation of High Court, we need to have wider consultations with the Chief Justice of Andhra Pradesh. We also need to have consultations with both the Chief Ministers on providing infrastructure facilities and other administrative matters which have to be taken care of by the High Court. So, we are working on it. But I cannot give a time frame on it because only after consultations with the Chief Justice of High Court of Andhra Pradesh and both the Chief Ministers, we will come to a conclusion.… (Interruptions)
HON. SPEAKER: Please take your seat. He has given his reply. Now, Nitin Gadkari may move the Bill.
… (Interruptions)
12.20 hrs At this stage, Shri B. Vinod Kumar and some other hon. Members came and stood on the floor near the Table.
HON. SPEAKER: Now, ‘Zero Hour’. Please go back to your seats. This is not proper. You please go back. He has assured. You have a discussion with him. Please go back to your seat.
… (Interruptions)
HON. SPEAKER: Do not disturb the House for this. I am requesting you to go back to your seats. He has assured you. Let him study it and then he will take action.
… (Interruptions)
HON. SPEAKER: I cannot tell him something like that. He may take the decision even tomorrow. I have no objection but I cannot say about it. You please go back to your seat. It does not happen like that. I am sorry.
Now, Captain Amarinder Singh.
… (Interruptions)
HON. SPEAKER: Please go back to your seat. He has given assurance. Now, you have to accept it.
… (Interruptions)
SHRI ASADUDDIN OWAISI (HYDERABAD): How can a State function without a High Court?… (Interruptions)
HON. SPEAKER: Everybody knows it. Please go back to your seat. I am requesting you to go back to your seat. He has assured. You go, discuss with him and then everything will happen. Please do not do that. Please go back to your seat.
… (Interruptions)
SHRI ASADUDDIN OWAISI : Let him call a meeting before the Parliament adjourns. Let him assure us..… (Interruptions)
HON. SPEAKER: Whatever he wants to say, he has already said that.
Now, Captain Amarinder Singh.
CAPT. AMARINDER SINGH (AMRITSAR): I had made a request to you for permitting me to move an Adjournment Motion on a very important issue which was about the deteriorating law and order situation in Punjab which culminated in an incident four days ago.… (Interruptions)
THE MINISTER OF LAW AND JUSTICE (SHRI D.V. SADANANDA GOWDA): Madam, I take one minute.
HON. SPEAKER: Not like this. Let them go back to their seats and then only you can answer. I am sorry. Capt. Amarinder rSingh, let me finish one issue. He wants to say something. You please take your seats. Let me complete the first issue.
12.23 hrs At this stage, Shri B. Vinod Kumar and some other hon. Members went back to their seats.
SHRI D.V. SADANANDA GOWDA: Hon. Speaker, within 15 days, I will call a meeting of all the learned Members of Parliament. I will discuss with them. We will go ahead with that. We will find out a solution after due discussion with them. As I said just now, within 15 days, I will call a meeting.… (Interruptions)
Please wait for a minute. I had detailed discussions with them. We came to a conclusion. But, ultimately, because of the PIL, I could not go ahead. Once again, I tell the House that within 15 days, I will call a meeting of all the Members of Parliament. We will find out a solution to see that it is done.… (Interruptions)
HON. SPEAKER: Now, take your seat. I do not know. He has assured you in Parliament. He is giving assurance now.
SHRI A.P. JITHENDER REDDY (MAHABUBNAGAR): The hon. Minister has said that there is a PIL. The PIL has already been disposed of. Once it has been disposed of, then, why has he to have a discussion? He has to take action. He has just to tell us when he is going to take the decision. Once the PIL has been disposed of, where is the question of discussion? यह पॉर्लियामेंट की इज्ज़त का सवाल है।...(व्यवधान) Parliament has assured under Section 31 that they would provide a separate High Court. We are requesting you to do that.… (Interruptions) मैं बोल रहा हूं पॉर्लियामेंट की इज्ज़त रखिए। ...(व्यवधान)
HON. SPEAKER: He is not saying ‘no’ to it.
… (Interruptions)
SHRI A.P. JITHENDER REDDY : Why do you need 15 days? आप डिसीजन लीजिए। Why do you need discussion again?
HON. SPEAKER: Shri M.B. Rajesh, Shri P.K. Biju, Shrimati P.K. Shreemathi Teacher, Dr.A. Sampath and Shri P. Karunakaran are permitted to associate with the matter raised by Shri Jithender Reddy during ‘Zero Hour’ today.
… (Interruptions)
CAPT. AMARINDER SINGH: As I was saying, I made a request to you for an Adjournment Motion on a very important issue concerning our State, which was deteriorating law and order situation in Punjab. You thought it better to allow this discussion now in `Zero Hour’. I wish to bring it to your notice that this effort has culminated in one incident which is four days ago in a town called Moga, a bus belonging to a company called Orbit Buses, threw out a young child of 13 years of age on to the ground when she was killed. After she was killed, her mother was thrown out.. … (Interruptions)
HON. SPEAKER: That issue has already been raised. Every now and then you cannot raise the same issue.
… (Interruptions)
CAPT. AMARINDER SINGH : They are just trying to divert the opinion of the House. … (Interruptions) We want to bring this issue. Today, the situation is such that this company is protected by the police, from morning to evening. I have got nine incidents relating to this where they have killed people and no action has been taken. … (Interruptions)
HON. SPEAKER: Your Party’s Member of Parliament has already raised the same issue. It is a State matter.
… (Interruptions)
CAPT. AMARINDER SINGH : It is concerning the people of Punjab, the law and order in Punjab.… (Interruptions)
HON. SPEAKER: This issue has already been raised.
… (Interruptions)
THE MINISTER OF URBAN DEVELOPMENT, MINISTER OF HOUSING AND URBAN POVERTY ALLEVIATION AND MINISTER OF PARLIAMENTARY AFFAIRS (SHRI M. VENKAIAH NAIDU): This issue was discussed in the House. He was not present in the House. It cannot be discussed simply for his convenience today. … (Interruptions)
CAPT. AMARINDER SINGH: Policemen are being killed in broad daylight, no action has been taken. Buses are overrunning people, no action has been taken. Policemen are being killed, no action has been taken. We have had a DIG whose legs are broken; you have had an ASI, who has been shot dead for protecting his daughter. Are these not matters of interests to us? … (Interruptions)
HON. SPEAKER: Please take your seat, Capt. Amarinder Singh.
… (Interruptions)
HON. SPEAKER: Prof. K.V. Thomas.
… (Interruptions)
HON. SPEAKER: You are raising the same issue again.
… (Interruptions)
HON. SPEAKER: No Question-Answer is going on.
… (Interruptions)
HON. SPEAKER: Shri Jithender Reddy, please take your seat.
… (Interruptions)
HON. SPEAKER: Nothing will go on record.
… (Interruptions)…* HON. SPEAKER: He has given an assurance. With that, your matter is over.
… (Interruptions)
HON. SPEAKER: I am sorry.
… (Interruptions)
CAPT. AMARINDER SINGH : Policemen are being harassed; forget about the public. How does the State function? Economy is in a shambles; your law and order is in a shambles; everything in Punjab is down at absolutely ground level. We wanted therefore to give all these facts, if you are willing to listen… … (Interruptions) If we are not going to listen, how are we going to carry on? … (Interruptions)
HON. SPEAKER: Don’t raise the same issue every now and then.
… (Interruptions)
CAPT. AMARINDER SINGH : We have got problem in Punjab; we have to have some forum on which we can come and speak. You don’t allow us to speak. … (Interruptions)
HON. SPEAKER: This issue has already been raised by your own Party Member only.
… (Interruptions)
HON. SPEAKER: You cannot raise the same issue again. You cannot.
… (Interruptions)
CAPT. AMARINDER SINGH : Our only issue is Moga which is the culmination of what is happening. You have a 13 year old Dalit girl… … (Interruptions)
SHRI M. VENKAIAH NAIDU: As per the rules of the House, the same issue cannot be discussed twice in the same Session. He was not present in the House. Now, he suddenly want to politicize it. It cannot be done. It should not go on record. … (Interruptions)
HON. SPEAKER: The same issue cannot be raised again.
Prof. K.V. Thomas.
… (Interruptions)
12.30 hrs. At this stage, Shrimati Kavitha Kalvakuntla, Shri B. Vinod Kumar and some other hon. Members came and stood on the floor near the Table.
HON. SPEAKER: Please go to your seats.
… (Interruptions)
HON. SPEAKER: Nothing will go on record.
… (Interruptions)…* HON. SPEAKER: The House stands adjourned to meet again at 2 o’ clock.
… (Interruptions)
12.31 hrs The Lok Sabha then adjourned till Fourteen of the Clock 14.03 hrs The Lok Sabha re-assembled at Three Minutes past Fourteen of the Clock.
(Hon. Deputy Speaker in the Chair) HON. DEPUTY SPEAKER: Now, we are going to take up Matters under Rule 377. Shri Bhairon Prasad Mishra.
… (Interruptions)
SHRI MALLIKARJUN KHARGE (GULBARGA) : Sir, an important matter is there.… (Interruptions)
HON. DEPUTY SPEAKER: After six o’clock I will allow you.
12.21 hrs NATIONAL WATERWAYS BILL, 2015*