[Cancellation of 22 lakh ration cards] Supreme Court seeks report from Telangana Chief Secretary

The Supreme Court on Wednesday pulled up the Telangana government for cancelling nearly 22 lakh ration cards without prior notice to the beneficiaries [SQ Masood vs State of Telangana And Ors]..A Bench of Justices L Nageswara Rao and BR Gavai noted that whose cards have been cancelled should have been informed about the reasons for the same so they could have approached the authorities for remedial measures. "Can you deprive them of rations? What is problem of notice before en masse cancellation? Without knowing it is bogus how can you cancel unilaterally?" Justice Rao asked the State. .To this, advocate Palwai Venkat Reddy representing the State said the intention was to ensure benefits reach the poor alone and do not go into the hands of the undeserved. "Have to separate grain from chaff," Justice Gavai replied. The Bench then directed the Chief Secretary of the State to file a report about the cancellation of ration cards. The State was also directed to do the necessary field verification in this regard."We deem it that the Chief Secretary should file a report about cancellation of ration cards. We direct the State to conduct field verification of all cancelled cards pursuant to Central government orders. Authorities are directed to conduct verification of all the cards and also deal with the representations referred by any aggrieved card-holder whose card was cancelled, expeditiously," the Court ordered. .The Court was hearing an appeal challenging an order of the Telangana High Court which had refused to grant relief in a public interest litigation petition highlighting cancellation of ration cards. The top court in its order stated that this High Court order was a 'cryptic one'.Senior Advocate Colin Gonsalves appearing for the petitioner submitted that the affected beneficiaries were not given specific grounds as to why their ration cards were cancelled. "21.94 lakh cards were cancelled which were given after verification by ration authorities. One day [they] say sorry, discontinued. An act of extreme cruelty, poor families rendered without cards. Total ration cards are between 83-87 lakh, roughly a quarter of total that have been cancelled," Gonsalves said. When the lack of notice was objected to, the State's counter was that the National Food Security Act does not mandate the same, he added. "Natural justice means notice should be given", Gonsalves argued..The State counsel said that pursuant to government orders, new ration cards have been issued and the number of cards have also increased.However, the Bench was not satisfied. It emphasised that field verification of contentious ration card-holders should have been done before the cancellation. It asked the State whether their affidavit mentions anything about field verification and whether any remedy has been provided for those aggrieved. "Where is the statement that those not given cards can approach local authorities ... Is there any statement that verification was done at household before cancellation," Justice Gavai asked,With the State counsel unable to highlight the same in the affidavit, the Bench was not impressed. "Justice Gavai asked you half a dozen times about this," said Justice Rao."You're reading your rejoinder for first time in Court!" Justice Gavai remarked. The State counsel said that the High Court had not gone into the merits of the claim or relief sought."If High Court has not gone into fundamental rights questions then we should also close our rights?! Justice Gavai asked. The counsel then said that a computer system had weeded out the allegedly bogus ration cards."You are very frank. You are saying that you did system check, not check on ground." Justice Rao said. "We can then have computer only generate a judgment after noting your submissions," quipped Justice Gavai.The Bench then asked if a field visit was done prior to the cancellations. The State Counsel said that the cards can be applied for again by seeding it with their Aadhaar. "We don't appreciate this. How can you cancel and then say apply again?" The State counsel submitted that some cancelled cards were restored, and that no complaints in the matter were received from intended beneficiaries. Rather it was only 'public interest litigators' who were aggrieved, he said.Justice Rao objected to this, saying, "So? Everyone should move court? You've not been properly instructed! .. Why can't you just verify?"The matter will be heard against after three weeks.[Read our coverage of the hearing]

[Cancellation of 22 lakh ration cards] Supreme Court seeks report from Telangana Chief Secretary

Abhimanyu Hazarika

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