Arunachal Pradesh: Give seized papers to ex-CM, says Supreme Court

Notice to governor ‘recalled’

The Arunachal Pradesh crisis took a new turn Monday as the Supreme Court directed the state chief secretary to provide to deposed Arunachal CM Nabam Tuki and his ministers copies of all files and documents, including originals of personal papers, seized after the proclamation of President’s Rule.

A five-judge Constitution Bench of Justices J.S. Khehar, Dipak Misra, Madan B. Lokur, Prafulla C. Ghose and N.V. Ramana passed this interim order when senior counsel Fali S. Nariman, Kapil Sibal and Rajeev Dhavan alleged governor Jyoti Prasad Rajkhowa issued an office memorandum on January 26, and thereafter the files, documents, personal letters, computers and laptops were seized from their offices and residences.

Earlier on Monday, the court conceded its “mistake” and recalled its notice issued to the Arunachal governor in cases arising out of the imposition of President’s Rule. After considering its earlier verdict and the legal position that the governor enjoys “complete immunity” in court proceedings, the five-judge bench said “that (issuing the

notice) is our mistake”. This came after attorney-general Mukul Rohatgi pointed out a 2006 ruling that had held that governors cannot be asked to join legal proceedings. The bench said: “We consider is just and appropriate to recall the notice issued to Respondent 2 (governor).”

On the return of documents, while the attorney-general strongly resisted the order, contending no application or petition had been filed seeking such documents, Justice Khehar said it was “basic fairness level” to return the documents and letters seized from them so they can fight in the Supreme Court the allegations, including corruption and terror links, raised against them by the governor, on which basis the Union Cabinet had recommended the imposition of President’s Rule.

The governor had issued an office memorandum on January 26 directing the chief secretary to seize all official documents, office equipment and files and to seal the offices of the deposed CM and ministers with immediate effect.

Mr Nariman and Mr Sibal appearing for former CM Tuki, said this memorandum, besides showing the “antagonistic attitude” of the governor towards his government, also prevented him preparing a defence against the allegations. They submitted there were about 100 letters between the CM and governor which would disprove the governor’s allegations. Mr Rohatgi strongly opposed this demand by the petitioners, and said the memorandum was a natural corollary of President’s Rule and a measure to keep government documents in safe custody. No personal documents were seized, he said. But Justice Khehar made it clear to the A-G: “At the moment we are not touching upon your authority... All we are saying is you give them the documents so that they can prepare a good defence in court.” In a brief order, the bench directed that all copies and hard disks be given to the petitioners by Friday.