Supreme Court asks for Arunachal Pradesh governor report, hearing Monday

Arunachal Pradesh governor, MHA told to file reply

Saying “it’s too serious a matter”, a five-judge Supreme Court bench Wednesday sought the report of Arunachal Pradesh governor Jyoti Prasad Rajkhowa recommending Central rule in the state, and listed the matter for Monday. The Congress, which had challenged the imposition of President’s Rule in the state, has said the party has an “open mind” on reaching out to the rebels, but reiterated that it still has a majority in the Assembly.

The five-judge bench headed by Justice J.S. Khehar also brushed aside the objection by attorney-general Mukul Rohatgi, who had raised a preliminary contention saying the notification on promulgation of President’s Rule has not been challenged in the fresh plea. The bench asked the attorney-general not to raise “technical objections” when he persisted with his plea arguing that the “rules are rules” and they applied equally to all.

The bench posted the matter for February 1, and asked the governor and the Union home ministry to file responses by Friday on the petitions filed by Congress leaders, including one by Rajesh Tacho, chief whip of the Congress Legislature Party in the state Assembly, which is now under suspended animation. The bench allowed the petitioners to amend their plea by Friday.

When additional solicitor-general Satpal Jain, appearing for the governor, sought to maintain the secrecy of the report and recommendation for President’s Rule, the bench said: “He will only mention the date of report recommending President’s Rule to opposite parties during the course of the day.” However, the bench sought in a sealed cover the report and recommendation on the imposition of President’s Rule for its own perusal.

“Unless we get the grounds for recommending President’s Rule, we cannot proceed. If the grounds are not the same in the proclamation, then it is a totally different ballgame,” the bench, which also comprised Justices Dipak Misra, M.B. Lokur, P.C. Ghose and N.V. Ramana, said during the hearing.

AICC general secretary V. Narainsamy and spokesman Raj Babbar, replying to questions on whether the party will approach rebel MLAs, remarked: “We have an open mind. We will not shut our doors.” They, however, ruled out the party parading its MLAs before the President. They said the Supreme Court ruling in the S.R. Bommai case had made it clear that Raj Bhavan (or Rashtrapati Bhavan) was not the place where a majority in the legislature has to be proved. Claiming that the Congress still enjoyed a majority in the Assembly, Mr Babbar said that “47 MLAs (out of a total 60) are all of the Congress. None of them have joined any other political party. Fourteen have been disqualified by the Speaker, which was upheld by the Gauhati high court.”

The Congress also attacked the Central government for imposing President’s Rule in Arunachal Pradesh, saying it was a “sledgehammer blow” to Indian federalism and a “misuse” of the Constitution. “The imposition of President’s Rule in Arunachal is a sledgehammer blow to Indian federalism. It is tantamount to the worst misuse of Article 356 of the Constitution,” former Union minister and Congress leader Manish Tewari said.