Hyderabad: Chief Minister K. Chandrasekhar Rao is learnt to have decided to move the Supreme Court if Governor E.S.L. Narasimhan takes over law and order in Hyderabad.
According to sources, the CM has learnt that Attorney General Mukul Rohatgi has advised the Governor to take necessary steps to maintain the law and order situation including monitoring any cases handled by both Telangana and AP police by invoking his special powers under Section 8 of the AP Reorganisation Act.
To counter the argument that it would not be proper for the Governor to exercise law and order powers when there was a legally established state government, the AG is learnt to have commented that “in case the Telangana government is not satisfied, it can approach the Supreme Court for relief; the Governor has sought my advise and I have given my opinion”.
This was conveyed to Mr Chandrasekhar Rao, who responded stating: “In such a case we will move the Supreme Court, we cannot tolerate such humiliation.” The CM is also learnt to have instructed the chief secretary and advocate general to prepare the documents to counter the Governor’s proposed move.
When contacted, Advocate General of Telangana K. Ramakrishna Reddy said, “If it is true that the Governor is going to take over law and order matters concerning the common capital area, it is most unconstitutional and my government will approach the apex court if such orders are issued by the Governor.”
Powers to maintain Law and Order situation in Arunachal Pradesh has been given to the Governor under Article 371 (H) by amending the Constitution, which was not in the case of TS and AP. Though Section 8 provides special responsibilities to the Governor over law and order issues in the common capital area, the Centre has so far not come out with any notifications.
Entry No 80 of the Seventh Schedule in the Constitution clearly states that the police of one state cannot exercise its jurisdiction in another state. Section 8 of the AP Reorganisation Act, which was not an amendment to the Constitution, cannot override the provisions of Article 163 of the Constitution.
