 plea challenging initiations of contempt proceedings by Andhra Pradesh High Court against it for not removing YSCRP party flag colours from Government buildings.){kind=link}
The Supreme Court on Wednesday has rejected Andhra Pradesh Government (Jagan Mohan Reddy’s) plea challenging initiations of contempt proceedings by Andhra Pradesh High Court against it for not removing YSCRP party flag colours from Government buildings.
A three-judge bench comprising Justice L Nageswara Rao, Justice Krishna Murari and Justice Ravindra Bhat rejected the plea filed by the State of Andhra Pradesh challenging the decision of Andhra Pradesh High Court which had initiated contempt proceedings for not obeying to the orders of the High Court to remove YSCRP party flag colours from government buildings.
The state government was represented by lawyer GN Reddy who said the high court order was against using flags’ colours of political parties on government buildings including panchayat bhawans’.
“Executive orders are subjected to judicial review and the judgments of the courts which have become final should be followed by compliance of the directions given therein. Any attempt to disobey the directions issued by courts would be subversive to the Rule of Law. Public confidence in the judiciary will be eroded if its orders are not obeyed,” the Supreme Court Observed in its order.
The Apex Court said, “we direct the respondents to remove the existing colours on the Gram Panchayat buildings in compliance of the directions issued by the High Court by its judgment dated 10.3.2020 within a period of four weeks from today. As we have extended time for compliance of the directions in the judgment dated 10.03.2020, the contempt proceedings initiated by the High Court are closed.”
Recently, the high court at Vijayawada ordered the removal of the colours that resemble those of political party flags on the government buildings within ten days. It had also ordered their re-painting.
The Andhra Pradesh High Court on May 22 had set aside the Government order which specified the colour scheme to be adopted for painting government buildings. The Court had further initiated contempt proceeding against the Chief Secretary, the principal secretary and the Commissioner of Panchayat Raj for not complying with the earlier order of the Court.
The High Court observed that the State Government had failed to comply with the orders of the Court and had issued the order with a new colour scheme by just adding one more colour which was similar to that of YSRC party flag colours.
Since the new colour scheme was similar to that of YSCRC flag colours, Venkata Rao approached the High Court challenging the Government Order. The state Governmnet however argued that the colours were selected by the committee appointed by the High Court.
However the High Court observed that the State Government was trying to play foul with the orders of the High Court and directed the state government to comply with the orders of the Court.
Read the order here;
11705-2020-36-17-22359-Order-03-Jun-2020-India Legal Bureau