A day after Arunachal Pradesh came under President’s Rule, the Supreme Court on Wednesday termed it a “matter of grave seriousness” and decided to examine the Governor’s recommendation that had reported breakdown of constitutional machinery in the State. The House is in suspended animation since Tuesday.
Calling for the report from Governor Jyoti Prasad Rajkhowa to be placed before it in a sealed cover on February 1, a five-judge Constitution Bench was critical of the Government’s objection to entertain the petition. When an objection was raised by Attorney General Mukul Rohatgi that the petition was not maintainable as it did not challenge the Presidential Proclamation issued on Tuesday, the Bench brushed it aside as a “technical objection”.
The Bench of Justices JS Khehar, Dipak Misra, Madan B lokur, PC Ghose and NV Ramana issued notice on the Congress plea to the Centre and the Governor giving them time to respond by Monday on whether the exercise of power by them was an alleged misuse of power under Article 356 of the Constitution. The Bench even allowed the petition to be amended by incorporating challenge to the Tuesday notification.
The petition filed by Congress through its chief whip of the Congress legislature Party in Arunachal Assembly Rajesh Tacho was represented by eminent jurist Fali S Nariman who was flanked by legal heavyweights Kapil Sibal and Rajeev Dhavan. After 2 pm, when the matter was taken up, Nariman informed the Bench that despite an assurance from the Governor’s senior counsel Harish Salve on an earlier date, President’s Rule has been imposed in the State without informing about it to the Court.
“The Centre should have waited for the pending petitions to be heard by the Constitution Bench,” Nariman said. One of the pending petitions challenged the legal validity of Governor’s order to convene the Assembly without aid and advice of Cabinet. The other petition called in question the legality of actions conducted by Arunachal Assembly’s Deputy Speaker who had held a parallel House session when Speaker was not absent. He had further rescinded the suspension of 14 rebel Congress MlAs who had joined hands with 11 BJP MlAs in the House.
Salve was not present in the court. The Governor was represented by senior advocate Satya Pal Jain. In a dramatic turn of events in the crowded courtroom, the Bench told Jain it would like to see the Governor’s report. Jain was given 15 minutes to produce the report. Half-an-hour later he returned to explain there was delay in getting the report but the same shall be placed in a sealed cover only for the court to see and not the petitioner.
“Unless we get the grounds for recommending the President’s Rule, we cannot proceed. If grounds are not same in the proclamation then it is totally a different ball game,” the Bench said.
As things were getting out of hand for the Centre, the Attorney General rushed in to take control. Rohatgi took a preliminary objection to the petition citing that it did not challenge the final proclamation by the President and hence no response will be needed on it. The Bench said, “The issue is of grave seriousness” while brushing aside A-G’s objection as technical. The Bench told the A-G to submit Centre’s response by Friday giving details of the date on which the Governor’s report was written and received by the Central Government.
The Bench’s comment boosted hopes for the Congress which had consistently maintained in the petition that the Governor’s report was a sham as the real intention was to topple a democratically elected Congress Government in the State. On Monday, the court will also decide on sharing the Governor’s report with the Congress.