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HC asks Kerala govt to convince Centre for more funds for disaster-hit Wayanad

The Kerala High Court on Thursday directed the state government to convince the Central government that the state deserves more assistance for the Wayanad landslide disaster.

SNS | Kochi | December 12, 2024 9:13 pm

HC asks Kerala govt to convince Centre for more funds for disaster-hit Wayanad

Kerala High Court

The Kerala High Court on Thursday directed the state government to convince the Central government that the state deserves more assistance for the Wayanad landslide disaster.

A division bench comprising Justice A K Jayasankaran Nambiar and Justice Easwaran S directed the state government to submit the state’s SDRF utilisation certificate before requesting additional funds from the Centre for immediate assistance in connection with the recent Wayanad landslides.

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The court said the funds in the State Disaster Relief Fund (SDRF) are essentially on paper, and the state government must ensure that the Central government is made aware of the situation to secure additional assistance. The state should also appoint a credible agency to provide utilization certificates to the Central government.The division bench also expressed its readiness to mediate between the Central and state governments in this regard.

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According to the latest figures, the state disaster relief fund holds around Rs 700 crore, but only Rs 61 crore is available for expenditure, as reported by the amicus curiae. The state government informed the court that as of October 1, the State Disaster Relief Fund (SDRF) had Rs 782.99 crore. However, the figure has now reduced to Rs 700.5 crore as of December 10. This amount is intended for all disaster relief activities across the state and cannot be solely allocated for landslide-affected areas.

Out of a total of Rs 700.5 crore, around Rs 471 crore has already been allocated for various needs across the state. An additional Rs 128 crore must be set aside for other purposes. Despite the Rs 700 crore available, it cannot be exclusively used for Wayanad. Moreover, according to regulations, SDRF funds cannot be used to purchase land for rehabilitation.

The state government has stated that additional funds will be required to establish townships and other infrastructure in Wayanad.

Through sponsorships and other means, Rs 682 crore has been allocated specifically for Wayanad through the Chief Minister’s Relief Fund. This amount will need to cover expenses for townships and other projects,it was informed to the court.

The court directed the Revenue Principal Secretary to submit a detailed report on the current SDRF balance, its planned and actual usage, and the additional amount needed for Wayanad by December 18. The court also stated that this report could be forwarded to the Central government, and mediation between the state and Central governments could take place after the Christmas holidays.

Earlier on Saturday, the Kerala High Court came down heavily on the LDF government 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 Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010. A division bench comprising Justice Raja Vijayaraghavan and Justice P V Balakrishnan suspended Nasar’s sentence and granted conditional bail to him after considering his appeal against the NIA court’s conviction in the case Considering the prolonged detention and citing the potential for trial delays, the court suspended Nasar’s sentence and granted conditional bail, taking into account that some co-accused with similar allegations had already been released after serving shorter terms. The court noted that he had already spent nine years in jail and that delays in resolving appeals could justify suspending a convict’s prison term. It also observed that other accused in the case had received lesser sentences and had already been released after serving their terms. “The applicant has been undergoing incarceration, at the pre-conviction and post-conviction phases, for over 9 years. Furthermore, the fact that the accused facing the same allegations were earlier imposed a lesser term of imprisonment and have been released after having undergone the sentence is a factor that cannot be ignored. Additionally, the appeals filed by the NIA against the findings of the learned Sessions Judge are being considered in separate appeals, which have not yet been taken up. “There is also the likelihood of delay, as the prime accused has surrendered, and the learned Sessions Judge may have to take up the trial and dispose of it in accordance with the law and some of the original records may be required for that purpose. In view of these facts and circumstances, we are of the considered opinion that the sentence imposed on the applicant can be suspended pending the consideration of the appeal.” The court said The court, however, imposed strict conditions for Nasar’s bail. He is not supposed to provide a bond of Rs 1 lakh with two sureties, refrain from leaving the country without the court’s permission, avoid interfering with the trial or witnesses, and not commit similar offences while on bail The gruesome incident dates back to July 4, 2010, when Joseph, a professor at Newman College, Thodupuzha, was returning from Sunday mass with his family, members of the now-banned Popular Front of India (PFI) attacked him, allegedly in retaliation for a question paper he set, which contained a passage that they claimed insulted Prophet Mohammed was derogatory. His right hand was chopped off in this attack. Nasar was accused of playing a critical role in the attack. Investigations revealed his involvement in recruiting gang members, assigning specific tasks, collecting funds, procuring communication devices, and maintaining communication links with key conspirators.

The Kerala High Court, on Thursday, granted bail to M K Nasar, one of the individuals convicted by the special NIA court last year in the case of chopping the hands of Professor T J Joseph in 2010.