Key Points

The July 30, 2024, disaster decimated four villages, injured hundreds, claimed over 200 lives, and 32 people are still missing.

A Division Bench of the High Court criticised the Union government for what it described as “bureaucratic babble” and a failure to stand by the citizens of Kerala in a time of crisis.

During the hearing, the Bench told the Central government’s counsel, “Please tell the Union Government it 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 again shown that you are hiding behind this argument of powerlessness. Why is that being done?”

The Bench was responding to the Centre’s contention that there is no legal provision for waiving bank loans for natural disaster victims.

“This is just bureaucratic babble. It is not about whether the Union can act, but whether they are willing to act. If you are unwilling, have the courage to say it. Who are you trying to fool?” they asked.

The Court further emphasised that the government should be transparent about its position.

“Please tell your 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. At least the people should know that in moments like these, the Union government has failed them,” said the court.

"Having said all this, we can't be behaving like them. Our sense of Constitutional morality requires us to respect in 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. Enough is enough. We don't need the Union's charity," it remarked.

It, thereafter, asked for a list of banks and financial institutions controlled by the Union. It also noted that, as far as some of the state government-controlled banks are concerned, the loans are waived off.

Noting the banks, Bank of Baroda, Canara Bank and some others, the Bench orally observed that it would implead those banks and issue notices to them while staying the recovery action for the time being.

"We will give them the opportunity to seek a modification of this interim order after filing a counter-affidavit, where they will say whether or not they will waive or not the entire loan. If they are not going to waive the loan, either entirely or partially, then let them give reasons as to why they are insisting on this despite this calamitous situation," the court orally added and posted the case after two weeks

- IANS