Kochi: The Kerala High Court, on Wednesday, rebuked the Centre for not taking action regarding the loan waiver for families affected by the Wayanad landslides last year.
The government should “have the courage to say” if it is “unwilling to act”, Bar and Bench has reported the Court as saying.
The division bench of Justice A K Jayasankaran Nambiar and Justice Jobin Sebastian expressed disappointment and went to the extent of saying that the Union government had “failed the people” of Kerala.
“Please tell the Union government that these kinds of tactics are not going to carry the day. If they have the courage, let them say that they are not willing to help. But at least the people should know that when it comes to moments like this, the Union government has failed the people of Kerala,” the bench observed.
“We had made it very clear that it is not a situation where the Union is powerless to act. By this affidavit, you’ve clearly shown again, that you are hiding behind this power argument, you’re saying that you are powerless to act. Why is that being done?” the Court wanted to know.
The bench was hearing a suo motu case initiated by the Court to monitor rehabilitation efforts in Wayanad. The remarks came as the Union government informed it that there is no provision for waiver of bank loans for persons affected by natural disasters.
Justice Nambiar then read out a newspaper headline that stated ‘the high-level committee approved funds for Assam and Gujarat for 2024 floods, which he noted were not disasters even categorised as severe.
“This is just bureaucratic babble. It’s not about whether the Union can act, but whether they are willing to act… If you are unwilling to act, have the courage to say it. Who are you trying to fool?” Justice Nambiar told the government lawyer.
Justice Nambiar also said that the state of Kerala does not need the Union government’s charity and that the court respects the Constitution.
“Our sense of Constitutional morality requires us to respect and regard the principle of separation of powers and therefore we will not issue directions to the Union government. That is because of our magnanimity and as a body, an integral part of the state, which respects the Constitution,” he said.
The bench asked the Union government to respond to the affidavit filed by the Kerala government on the next date of hearing that has been fixed after two weeks.
