The Kerala High Court on Saturday came down heavily on the LDF government in Kerala for its failure to provide clarity on the utilisation of the State Disaster Response Fund (SDRF).
A division bench comprising Justice AK Jayasankaran Nambiar and Justice Muhammed Nias CP reprimanded the state government for failing to clarify how much money is remaining in the State Disaster Response Funds (SDRF) to meet ongoing disaster relief efforts in landslide-hit Wayanad.
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The finance officer of the Disaster Management department submitted that a total of Rs 782.98 crores is available with the SDRF, of which Rs 97 crore was the state share. He said that Rs 95 crores of the state share was spent between April 1, 2024 and October 1, 2024. He also submitted that there is a balance of Rs 677 crores with the SDRF. He submitted that the Rs 677 crore balance might also not be available in SDRF because other expenses might have incurred
The Court expressed frustration when the officer revealed that Rs.677 crore remained in the SDRF but was unable to specify what portion could be allocated for disaster relief in Wayanad. “You have Rs.677 crore in your SDRF account, yet you cannot specify how much is available for immediate use. Any reasonable person should have at least some idea of available funds. If you are not able to give us a statement, even on the approximate amount, no point in having this discussion that we have not got this money, we don’t have this money,” the court remarked
Criticizing the lack of clarity on fund utilisation, the court asked , “You say Rs 677 crores is available in balance; what percentage of it can be used? How can you say you do not know how much of it can be used?” The court questioned the state’s lack of transparency on SDRF utilization. The court also questioned the absence of proper auditing and financial transparency. “When does the state’s accounts get audited? And how often?” the bench asked, highlighting the absence of annual auditing reports.
The division bench also questioned how the central government could release funds without precise data. It also urged an end to the blame game between the Centre and the state over the rehabilitation. It said that there should be financial accountability and clarity in the state’s request for additional disaster relief funds, and that the state must justify its requirements with concrete data. “The state has to show how the amount in the SDRF is spent before asking for additional funds for immediate assistance. At least have some idea of expenses, then we can ask the Union government,” the court stated
The Court emphasized that without clear details on SDRF usage, it could not order the Centre to release additional funds. “You must first clarify your own resources before requesting further assistance,” it stated. Highlighting the delay, the court said, “The landslide occurred in July, and it’s now December. People’s needs should take precedence. Article 21 concerns the right to life, and such delays shift focus from real issues.” The Court has directed the state government to submit a detailed report on SDRF utilisation by Thursday The case has been posted for further hearing on December 12.
Union Home Minister Amit Shah had on Friday criticized the state government for not submitting a detailed memorandum on the damages caused by the Wayanad landslide that devastated four villages. In a reply to a representation given by MPs, Shah said that the Kerala government failed to send any assessment memo even three months after the incident. However,The state government has publicly blamed the Centre for delays in sanctioning a special package for Wayanad