Calcutta HC lifts ban on puja dole
Kolkata:11.10.2018
Calcutta high court on Wednesday lifted its interim stay on grants the state had decided to disburse to community puja organizers, prompting petitioners to say they would move Supreme Court challenging this.
The division bench of acting Chief Justice Debasish Kar Gupta and Justice Shampa Sarkar held that government’s original decision to grant the funds was an executive order, and the law of the land didn’t allow court to examine such an order at first instant. “It is for the legislature to scrutinize the decision first. The court can entertain petitions questioning an executive decision at a later stage after the legislative scrutiny,” the acting chief justice said.
The court has ruled that as of now, the relevant government order, issued on September 24, was valid. The order had been challenged through a PIL on the ground that it went against the Constitution. The court accepted state counsel Shaktinath Mukherjee’s arguments that the decision to grant funds to Puja committees was a legislative and executive one and the high court had no jurisdiction to hear the matter at this stage. Mukherjee contended that the legislature and the central audit body, the CAG were the competent authorities to examine it. TNN
Kolkata:11.10.2018
Calcutta high court on Wednesday lifted its interim stay on grants the state had decided to disburse to community puja organizers, prompting petitioners to say they would move Supreme Court challenging this.
The division bench of acting Chief Justice Debasish Kar Gupta and Justice Shampa Sarkar held that government’s original decision to grant the funds was an executive order, and the law of the land didn’t allow court to examine such an order at first instant. “It is for the legislature to scrutinize the decision first. The court can entertain petitions questioning an executive decision at a later stage after the legislative scrutiny,” the acting chief justice said.
The court has ruled that as of now, the relevant government order, issued on September 24, was valid. The order had been challenged through a PIL on the ground that it went against the Constitution. The court accepted state counsel Shaktinath Mukherjee’s arguments that the decision to grant funds to Puja committees was a legislative and executive one and the high court had no jurisdiction to hear the matter at this stage. Mukherjee contended that the legislature and the central audit body, the CAG were the competent authorities to examine it. TNN
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