The Kerala High Court lashed out at the Centre on Wednesday, accusing it of failing in its constitutional duty by refusing to exercise its power to waive off the loans of Wayanad landslide victims. The High Court stayed all loan recovery proceedings until orders are passed on writ petitions related to the tragic natural disaster.
Hearing pleas related to the landslide, a bench comprising Dr. Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian criticised the Centre for not waiving off the loans availed by the landslide victims. The High Court observed that the Centre's stand was unfortunate and it failed to "uphold the victims' right to life and dignity under Article 21."
Coming down heavily on the Centre, the bench observed, "What is at stake is the fundamental right of the landslide victims of Wayanad to a life with dignity. Having lost their lands and their means of livelihood in the devastating landslide, they are now being called upon to repay the loans availed by them for agricultural and related purposes when the very property that they had offered as collateral security while availing those loans has ceased to exist," Live Law reported.
"By refusing to exercise a power that they have, in a situation that calls for the exercise of that power, we are of the view that the Union Government has virtually failed the landslide victims of Wayanad," the bench added.
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Taking note of the Rs 707 crore assistance extended by the Centre as relief for natural calamities in Assam and Gujarat, the bench observed that only a fraction of that amount was required to be waived off in Wayanad's case.
The High Court made 12 banks additional respondents in the case and directed them not to pursue any recovery proceedings against the Wayanad landslide victims until the case is finally decided. The Court also directed the banks to file counter-affidavits whether they are willing to waive the loans wholly or partially, or to justify their recovery efforts in light of the borrowers' losses, the publication reported. |
