A week after the Chief Justice of India S.A. Bobde and Justice Rohinton Nariman recused from the 'three capitals' case in quick succession, the Supreme Court rejected the State government's plea to vacate the High Court's status quo order on the matter and hoped that the case will be dealt with in an expeditious manner by the lower court.
During a hearing in the apex court on Wednesday, a three-judge bench comprising Justices Ashok Bhushan, R. Subhash Reddy and M.R. Shah said they were disinclined to interfere with the High Court order at this juncture as the Decentralisation and Inclusive Development of All Regions and CRDA Repeal Acts are scheduled to be heard (by the High Court) on August 27 when the status quo expires.
The High Court first granted status quo on the impugned legislations for ten days on August 4 in response to a petition filed by aggrieved farmers and subsequently extended it till August 27.
The State government had then filed a Special Leave Petition (SLP) in the Supreme Court appealing for lifting the status quo imposed by the High Court, but to no avail as the matter was adjourned twice following the recusal of Chief Justice Bobde and Justice Rohinton Nariman on the ground that their family members (Justice Bobde's daughter Rukmini Bobde and Justice Rohinton's father Fali S. Nariman) appeared for some petitioners in the High Court in the same case.
In its SLP, the State government contended that through its status quo order, the High Court has effectively stayed the implementation of the said Acts without proper justification.
The constitutionality of a statute is presumed to be upheld until proven otherwise but the High Court overlooked this principle, the government insisted.
It may be noted that the government proposed to develop Amaravati, Kurnool and Visakhapatnam as legislative, judicial and executive capitals by claiming that it's meager resources do not permit the construction of a greenfield capital in Amaravati and the three capitals will facilitate balanced development of the coastal districts and Rayalaseema.