In a boost to the Centre defending President’s Rule in Arunachal Pradesh, the Supreme Court on Tuesday refused to restrain the Governor from swearing in a new Government in the State.
led by senior advocates Fali Nariman and Kapil Sibal, the Congress sought an interim order from the court to restrain a new Government from taking over till the Constitution Bench decides the validity of Governor’s actions to recommend President’s Rule.
Not in favour of ordering a “status quo”, the five-judge Bench of Justices JS Khehar,
Dipak Misra, Madan B lokur, PC Ghose and NV Ramana said, “We have heard your arguments on injunction. We don’t propose to pass any order
and we will hear the matter on merits.”
Attorney General Mukul Rohatgi rushed to the court to pre-empt any order for status quo that will have repercussions on the political developments in the State. Rohatgi said that the courts cannot pre-empt decisions to be taken by a constitutional authority.
The A-G termed the application moved by Sibal as “misconceived” as no decision had been taken as on date. “Either today or tomorrow President’s Rule has to be revoked and a Government has to be formed,” Rohatgi said, dismissing the prayer in the petition to be mere apprehension.
Sibal countered Rohatgi’s claim with a purported Press note issued on behalf of the Governor. He questioned the Governor’s move to swear in a rebel Congress leader as the Chief Minister, who has been disqualified from the House. Sibal said that the fate of the petitions will decide the disqualification proceedings pending against the 21 rebel Congress MlAs and till such time, no action must be initiated at the Governor’s end.
The A-G said that the President’s Rule notification is yet to be affirmed by Parliament and ultimately Government formation has to be by floor test. Moreover, he argued that the subject matter of disqualification can be adjudicated by the court but it cannot enter into the field to decide whom to appoint as Chief Minister or whom not to appoint. By doing so, the court will be seen as entering into politics, he added.
Clearing the air, the Governor’s counsel senior advocate TR Andhyarujina said that as of now, the President’s Proclamation declaring Central Rule is in place by which the Assembly remains in “suspended animation”.
He further revealed that some leaders met the Governor on Monday and were conveyed that nothing could be done till the proclamation was revoked. “No report of Governor recommending revocation has been made till now,” Andhyarujina said. The hearing is expected to continue on Wednesday.
late in the evening Congress leaders -- Ghulam Nabi Azad, Kapil Sibal, Anand Sharma and V Narainsami -- submitted a memorandum to President Pranab Mukherjee requesting him not to take any action on any reports likely to be submitted by Home Ministry pertaining to withdrawal of President’s Rule in Arunachal Pradesh.