The bench replied: 'Suppose 80 percent of the fund (from the budget) is diverted for this (building memorial), is it not justiciable (reviewable by court)?'

'It is not as simple as that. You do not try to oversimplify this matter,' said the bench, adding 'The legislature too have to work under the constitution'.

The bench subsequently adjourned the matter for further hearing Oct 5.

Chief Secretary Gupta Thursday admitted before the court the possibility of the transgression of the Sep 8 order to halt any further construction at various Dalit leaders' memorial sites in Lucknow, which have been challenged in various courts.

'It is respectfully submitted that if any transgression has occurred, I tender the most profuse apology for the same and humbly submit that the same was entirely unintended,' said Gupta.

The court Sep 8 ordered the state government to halt all construction work at various memorial sites in Lucknow, while hearing a lawsuit by city resident Mithilesh Kumar Singh, who had challenged the state government's move.