'Why was it not brought to the notice of this court that all the buildings and properties, figuring in the writ petition, have already been demolished? Why was the court not told that it was passing a futile order (on Feb 27, 2009)?' asked the bench.
As Mishra sought to wriggle out of the situation and made some conflicting statement, the bench rapped him, saying, 'This is very serious. Don't take it very lightly.'
The court rebuked the BSP official for also making statements on facts of the case 'out of his personal knowledge', which were at variance with facts.
'Don't make statements which are out of your personal knowledge. It's not permitted here,' said the bench.
Despite the court disapproving his arguments 'reeking of political overtones', Mishra went on to assert that the petitioner was challenging the Uttar Pradesh government's construction drive only because he belonged to the Congress party, a rival of the BSP.
He went on to also assert that 'the Congress had built at least 450 similar memorials and institutions, named after various leaders of a single family, wasting taxpayers' money worth several billions.'
But his argument failed to cut ice with the court, which was keen on passing its own order to stop further construction.
The bench, however, refrained from passing its own order as Mishra contended that he had not been fully heard.
After taking an assurance from him that the government would undertake no further construction, the bench deferred the mater to Sep 29 for further hearing.