Hyderabad: Chief Justice rues no one pointed to crucial legal provision

Hyderabad: Chief Justice Raghavendra Singh Chauhan said it was unfortunate that no petitioner or government counsels in the Errum Manzil case had raised section 6 of the General Clauses Act. As per the provision, the repeal of any Act or regulation does not affect its past applications.

While hearing the government's side on the petitions against the proposed demolition of Errum Manzil, Justice Chauhan, who headed the bench with Justice Shameem Akther, hit back at additional advocate general J. Ramachandra Rao’s comment that the bench itself had developed the case for the petitioners.

Justice Chauhan said that as the law officer of the state, the additional advocate general should have first brought the provision to the notice of the court and the government.

The Chief Justice explained that the court cannot repress the existing provision i.e. Section 6, which the petitioners' counsels ought to have raised.

He said it was unethical for the court to issue orders without considering Section 6.

The case could have escalated to the Supreme Court, which would opine then that the High Court bench was unaware of the existing sections, Justice Chauhan said.