Supreme Court summons Maharashtra Additional Chief Secretary over contemptuous affidavit

The Supreme Court on Wednesday summoned the Additional Chief Secretary of Maharashtra's Revenue and Forest Department, Rajesh Kumar, to appear before it to explain why contempt proceedings should not be initiated against him. [In Re: Construction Of Multi Storeyed Buildings In Forest Land Maharashtra].A Bench of Justices BR Gavai, Prashant Kumar Mishra and KV Viswanathan decided to summon Kumar after noting that certain comments in the affidavit filed by Kumar on behalf of the State were prima facie contemptuous.."We prima facie find such comments to be contemptuous in nature. We direct the Additional Chief Secretary to remain present before this court on September 9 and show cause as to why contempt be not initiated against him," the Court said..The Bench was hearing a matter related to the compliance with its earlier order directing payment of compensatory afforestation levy by the State in connection with denotification of forest land at Pashan, Pune.The Supreme Court had on August 7 taken a dig at the Maharashtra government's recent budget under which various sops amounting to ₹96,000 crores were announced ahead of the State Assembly elections this year.Among those is the Mukhyamantri Majhi Ladki Bahin Yojana that proposes a ₹1,500 monthly to eligible women in the 21-65 age group.The top court had on August 14 cautioned the Maharashtra government that it will stop freebies like the Ladki Bahin Yojna if it does not pay up the compensation due.It had reiterated that if the needful was not done by August 28, the State's Chief Secretary may need to be summoned and recent sops announced in the budget would be stopped..During the hearing today, the Court noted that the Maharashtra counsel was unable to provide clear answers regarding compensation rates. It expressed frustration with the Maharashtra government's apparent lack of seriousness in handling the matter."Your Chief Secretary has not been to Delhi for a while, it seems. You have to be fair, not a postman for your clients, as an officer of the court. When will you give the ready reckoner rates for Pashan?" Justice Gavai questioned.The Court further accused the State government of employing "dilly-dallying tactics" and warned of halting the Ladki Bahin Yojna today itself. "Do you want us to stop Ladki Behn today itself? What is this you are not at all serious and taking the court for a ride that is the impression. Don't be under any bonafide impression. Even affidavit was not proper," it said..Senior Advocate Dhruv Mehta, appearing for the landowners, was given the opportunity to inspect the site and decide whether monetary compensation was preferable. The Court also directed the district's concerned collector to facilitate this inspection and adjourned the matter by two weeks..Thereafter, when Mehta pointed out that a sentence in the affidavit was "in poor taste," the state's counsel attempted to withdraw the statement. The Court however remained firm, stating,"It is bounden duty of State to follow provisions of law. It has to do as to arrive at proper conclusion. A senior officer of the State is not expected to endorse statements implying court is not aware"Accordingly, the Court issued the contempt of court notice to the Additional Chief Secretary..Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.