A DIVISION Bench of the High Court here on Thursday stayed the operation of the order passed by Justice DP Singh on November 9 restricting the State from sanctioning budget for Government departments unless their contracts were amended in tune with earlier directives of the court to check mafia influence in the departments.
Justices Jagdish Bhalla and DV Sharma passed the above interim orders on the special appeal preferred by the State of UP challenging the November 9 order of the single judge. Advocate General SMA Kazmi said the budgetary provision was a legislative business, which could not be stayed by the court.The AG argued that the impugned order was passed by the single judge on a writ petition filed by private persons earlier which had already been decided on July 12, 2006 hence no fresh orders or directives could be passed or issued on a decided petition.
It may be recalled that Justice Singh while deciding the aforesaid petition had issued certain directives to check mafia influence in government contracts and the matter was being listed only for the compliance report.It was urged on behalf of the State that appropriate action in accordance with the aforesaid directives of the single judge was already being taken by the State but no fresh orders restricting the State from releasing funds for government contracts could be issued by the court. Accepting the arguments, the Division bench observed, “a Government is not run by the court. It is run by the representatives of the people.”