‘Who Are You Trying to Fool?’: Kerala HC Slams Union Govt’s Refusal to Waive Loans for Victims of Wayanad Landslides

New Delhi: The Kerala high court on Wednesday (October 8) sharply remarked on the Union government’s lack of action regarding the loan waiver for families affected by the Wayanad landslides last year, asking it to “have the courage to say” if it was “unwilling to act”.

A division bench of Justice A.K. Jayasankaran Nambiar and Justice Jobin Sebastian, hearing the matter, expressed disappointment and went to the extent of saying that the Union government had “failed the people” of Kerala.

"Please tell the Union government that these kinds of tactics are not going to carry the day. If they have the courage, let them say that they are not willing to help. But at least the people should know that when it comes to moments like this, the Union government has failed the people of Kerala.

“We had made it very clear that it is not a situation where the Union is powerless to act. By this affidavit, you've clearly shown again, that you are hiding behind this power argument, you're saying that you are powerless to act. Why is that being done?" the bench said, as quoted by Bar and Bench.

The bench was hearing a suo motu case initiated by it to monitor rehabilitation efforts in Wayanad. The remarks came as the Union government informed the high court that there was no provision for waiver of bank loans for persons affected by natural disasters.

Justice Nambiar further read out a newspaper headline from this morning that stated 'the high-level committee approved funds for Assam & Gujarat for 2024 floods', which he noted were not disasters even categorised as severe.

“This is just bureaucratic babble. It's not about whether the Union can act, but whether they are willing to act… If you are unwilling to act, have the courage to say it. Who are you trying to fool?” Justice Nambiar told the government lawyer.

Justice Nambiar also said that the state of Kerala does not need the Union government's charity and that the court respects the constitution.

“Our sense of constitutional morality requires us to respect and regard the principle of separation of powers and therefore we will not issue directions to the union government. That is because of our magnanimity and as a body, an integral part of the state, which respects the Constitution,” he said.

The bench asked the Union government to respond to the affidavit filed by the Kerala government on the next posting date, which is two weeks later.

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