‘Can courts intervene on policy decisions of government?’

Telangana High Court will hold final hearing on March 3 on a batch of PIL pleas over the State government’s decision to demolish the Secretariat building and on the issue of whether courts can intervene in an important policy decision taken by the government.

A Division Bench of Chief Justice Raghvendra Singh Chauhan and Justice A. Abhishek Reddy decided to hold the final hearing on the matter after Advocate General B.S. Prasad on Tuesday raised it. Mentioning about the PIL petitions over government’s proposal to demolish the existing Secretariat building (now completely evacuated) and construction of a new one, the AG appealed to the Bench to decide if the HC can intervene over a key policy decision taken by the government.

He was referring to an order passed by the Bench 13 days ago staying demolition of Secretariat building until the government takes a final call on the design of new Secretariat building and on demolition of Secretariat building. Before the Bench passed the direction on this February 12, Additional Advocate General J. Ramchander Rao told the court that day during the arguments that government had not yet taken a decision on demolition of Secretariat building.

Key decisions

Presenting his contentions, the AG on Tuesday said the larger question in the issue was whether the courts can decide upon legality of a major policy decision taken by government. Can the courts interdict the government’s key decision on an issue like building new Secretariat, he asked.

Stating that entire Secretariat had been presently evacuated, the AG said the Bench should decide upon the issue as to whether the court can interfere with the government’s decision just because some one approaches it opposing such policy decision. Is challenging the legality of government’s calls on key issues sustainable is an important issue to be adjudicated, the AG said.

The Bench decided to hold the final hearing on the issues raised by the AG including the facts, information and the position of law related to them at 2.30 p.m. on March 3.