KHOODEELAAR! summary of the update of the constitutional law action/s to stop Crossrail

Khoodeelaar! constitutional law No to "Crossrail Bill" court actions against UK Ministers - update at 2105 Hrs GMT London Monday 7 July 2008


Grounds
Parties as defendants
date or dates of actual applications


As stated on dozens of occasions before in our previous updates, legal action will only begin when all procedural pre-action stages have been comprehensively and definitely covered.

Grounds are as published daily on the KHOODEELAAR! campaign web sites and the items and updates published in support of KHOODEELAAR! by AADHIKARonline 24/7.
Those grounds also constitute evidence in a number of cases. They run to more than 100 separate listed items. Some of the ones that we have stated before and which are at the centre of our constitutional law challenge to the UK Govt include the following:-

The central grounds include the fact that Ministers have lied in parliament and in and to the public. They have also BREACHED the UK’s constitutional obligations and treaty obligations. This list includes the false and the misleading statement made by the then Transport Minister in Tony Blair’s cabinet, Alistair darling about the Crossrail Bill being compatible with the the European Convention for the Protection of Human Rights and Fundamental Freedoms [ECHR].


What legal avenue shall we go down

There are several. But the current programme is the human rights route. We shall invoke the necessary provisions to show that the Houses of Commons and Lords ‘select committee’s have failed to look for or hear evidence that would have proven that the Crossrail Bill was far too irrelevant to the purpose. That it was far too wasteful and diversionary. And damaging to the people and the communities affected by it.

A ‘local’, procedural device that we shall apply on this is the UK’s ‘Human Rights Act’ 1998. That Act falls a long way short of the ECHR but it can be applied to demonstrate the tendency of antihuman rights conduct by the UK Govt.

The same allegation of lying applies against the others who have made any decision about, for or in support of Crossrail whilst they have held positions to make law-allowed decisions to spend public money or resource to promote Crossrail

The same applies against councillors in Tower Hamlets who have lied and or made false statements about their role, about the role of the Council and about the decisions that they have made or in effective approved of to apply public resource or money to back Crossrail

The total number of parties and defendants is yet to be finalised. At the time of writing, there are 20 individual defendants and 10 corporate defendants.

The date or dates will be decided once the current ‘parliamentary procedures’ have been finally completed and we are clear as to what can be alleged against the UK Govt on the EVIDENCE of their conduct. The UK Govt which has acted as the promoter of the crass measure. In the two Houses of Parliament the UK Govt in this has been fronted by the UK Department for Transport so far.