Kochi, June 13 The Kerala High Court on Friday came down heavily on the Centre, saying the Union government cannot say that it is powerless to direct a loan waiver for the Wayanad landslide victims, merely because Section 13 has now been omitted from the Disaster Management Act.
The division bench of Justice A. K. Jayasankaran Nambiar and Justice P. M. Manoj made this stinging remark in the course of hearing a suo motu case initiated by the High Court after the Wayanad landslides that washed away four villages on July 30 last year.
At least 200 people lost their lives while 32 continue to remain missing in the landslides that caused large-scale destruction to properties in the four villages.
The High Court was peeved after the Central government filed an affidavit stating that they would not be able to direct for waiver of loan under Section 13 of the Disaster Management Act, as this section has been omitted by a recent amendment.
"We are talking about the executive government of the Union. None of this argument matters because you have Article 73 of the Constitution. Please don't tell us that the Union Government is powerless, in a country which is a quasi–federal set up where the residual power is with the Union…. One can understand the reluctance to do it, but at least have the courage to say that we are not doing it. Do not hide behind the legal provision to say that we do not have the power," said Justice Nambiar orally.
The Court went on to orally point out that the amendment might have taken National Disaster Management Authority's power to direct a loan waiver, but the Union would still retain such power as it is not deriving that power from the Disaster Management Act.
Additional Solicitor General L. Sundaresan told the Court that the Centre might retain the power, but ultimately it is a policy decision.
"(Article) 73, the executive power, is available in respect of anything which can be done by the Government… But then, my Lord, see it is a policy decision which they would have to take… There can be no quarrel that the power is available. Whether they would exercise it in a situation like this," said Sundaresan.
The court then stated that it needs to know the decision of the Union Government on whether the loan waiver will be granted and gave three weeks for it, after which the case will be taken up again.
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