The Supreme Court on Tuesday stayed the Kerala High Court judgment that had set aside the Kerala government’s order authorising ₹20 crore for the Nava Kerala Citizen Response Programme, thereby allowing the scheme to continue pending further consideration.
A Bench comprising Chief Justice Surya Kant and Justice Joymalya Bagchi issued notice to the respondents, including the petitioners who had challenged the programme before the High Court, while taking on record the State’s appeal.
Appearing for the Kerala government, senior advocate Kapil Sibal submitted that “not a paisa” had been paid to CPI(M) workers in connection with the programme.
The Bench observed that prima facie there was nothing improper if the State utilised the services of government employees to assess the impact of welfare schemes at the grassroots level.
Counsel for the respondents contended that the programme amounted to a public relations exercise ahead of elections and alleged that government employees and party workers were being used for political purposes.
On February 17, the Kerala High Court had set aside the government order authorising the ₹20 crore expenditure, describing it as a “colourable exercise of executive power” and violative of the Rules of Business.
The High Court, in a judgment delivered by a Bench headed by Chief Justice Soumen Sen, expressed concern that budgetary allocations to departments were “not being scrupulously adhered to” and that rules framed to ensure fiscal discipline were being “given a go-by with alacrity”.
It also noted the absence of any explanation as to how a letter issued by CPI(M) State Secretary M.V. Govindan, calling upon party affiliates to participate in the programme and register on a social volunteer portal, had been circulated prior to the Cabinet decision and the issuance of the government order.
The High Court allowed petitions filed by Mubas M.H., a Kochi resident, and Kerala Students Union (KSU) State President Aloshious Xavier, who had alleged that public funds were being misused for the personal and political benefit of the ruling front. The court further observed that the programme had not been undertaken earlier and had been launched close to the declaration of Assembly elections.
Holding that the order authorising the utilisation of ₹20 crore by the Information and Public Relations Department was “inherently flawed and unsustainable due to evident violations of the Rules of Allocation of Business and the concomitant budget allocation”, the High Court quashed the government decision.
Staying the High Court’s ruling, the Supreme Court has now permitted the continuation of the programme and sought responses from the petitioners. The matter will be taken up for further hearing after the respondents file their replies.
