MLAs liable for prosecution: Retired SC judge on litigation over developing AP's capital city

Former Supreme Court judge Justice retd V Gopala Gowda on Saturday said ministers and legislators of Andhra Pradesh should be made respondents to the batch of petitions related to the three capitals litigation as they failed to implement the law.The retired judge addressed a debate, organised by the Amaravati Parirakshana Samiti, on the AP High Court verdict and the state governments stance on the state capital issue, to mark 900 days of the farmers agitation demanding only one capital for the state.The legislators are liable for prosecution.

Former Supreme Court judge Justice (retd) V Gopala Gowda on Saturday said ministers and legislators of Andhra Pradesh should be made respondents to the batch of petitions related to the three capitals litigation as they failed to implement the law.

The retired judge addressed a debate, organised by the Amaravati Parirakshana Samiti, on the AP High Court verdict and the state government's stance on the state capital issue, to mark 900 days of the farmers’ agitation demanding only one capital for the state.

''The legislators are liable for prosecution. They can't make a statutory mockery as they are answerable to the people,'' the former judge noted.

He cited the Supreme Court judgment, delivered in 1980 by Justice V R Krishna Iyer, in the famous Ratlam Municipal Council case and said it could be applied to the ongoing litigation over the Amaravati capital issue in the AP High Court.

''The 1980 verdict is still valid and, thus, the state ministers and legislators can be made a party to the ongoing litigation,'' Gowda maintained.

On March 3, the High Court directed that the state construct and develop Amaravati capital city and capital region within six months time but on April 1, the Jagan Mohan Reddy government filed an affidavit stating that it would take several years to accomplish that and cited lack of funds as the reason.

''Three months have elapsed since the momentous verdict and the judgment is binding on the state government. Otherwise, it amounts to contempt and showing disrespect to the High Court. Lack of funds can't be an excuse for not implementing the court verdict,'' Justice Gowda observed.

Non-implementation of the Capital Region Development Authority Act was also a violation of rule of law, he noted.

Criticising the YSR Congress regime, the retired judge remarked that it could not be a ''proletarian dictatorial rule'' and asked if the government had the right to continue in power.

''You are answerable to the people. If not, your actions will bounce back in the form of votes,'' Justice Gowda stated.

Retired IAS officer T Gopala Rao, Telangana leaders M Kodanda Ram, Prof G Haragopal, Samiti president A Siva Reddy and others spoke.

The forum demanded that the state government honour the High Court verdict and immediately develop Amaravati as the sole capital of Andhra Pradesh.