Supreme Court issues notice to Centre on President's Rule in Arunachal

New Delhi: The imposition of President's rule in crisis-hit Arunachal Pradesh came under the scanner of the Supreme Court on Wednesday, which sought the report of Governor Jyoti Prasad Rajkhowa recommending central rule in the state, saying "it is too serious a matter".

The remark by a five-judge bench headed by Justice J S Khehar came when Attorney General Mukul Rohatgi raised a preliminary objection contending that 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 "rules are rules" and they apply equally to all.

It posted the matter for February one asking the Governor and the Ministry of Home Affairs to file responses by Friday on petitions filed by Congress leaders including the plea of Rajesh Tacho, Chief Whip of Congress Legislature party in the state assembly, which is now kept under suspended animation. The bench allowed the petitioners to amend their plea by Friday.

Read: Arunachal: President's Rule imposed, Cong vows to fight 'battle legally'

When Additional Solicitor General Satpal Jain, appearing for the Governor, sought to maintain secrecy of the report and the recommendation for the 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 for its own perusal sought in a sealed cover the report and recommendation on imposition of the President's rule.

"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, also comprising justices Dipak Misra, M B Lokur, P C Ghose and N V Ramana, said during the hearing.

The bench was also of the view that no interim order can be obtained unless the parties see the grounds for proclamation for President's rule.

Read: Why Centre wants President’s Rule in Arunachal Pradesh

A battery of senior lawyers including Fali S Nariman, Kapil Sibal, Rajeev Dhawan and Vivek Tankha opposed the plea of governor seeking to maintain secrecy of his report and recommendation, saying that larger bench of more than five judges have already laid down the proposition on this aspect.

While the bench was taking note of the possibilities, Sibal said that if no government is formed then there is no option but to dissolve the house and go for fresh elections.

He urged the bench not to declare as infructuous the present petition even if the opposition forms the new government.

Earlier during the day, the court agreed to hear at 2 PM the plea challenging the Union Cabinet's recommendation to impose President's Rule when Nariman and Sibal mentioned it for urgent hearing.

The fresh plea assumes significance as the five-judge bench is examining constitutional provisions on the scope of discretionary powers of the Governor, amid continuing month-long impasse over Nabam Tuki-led Congress government in Arunachal Pradesh.

In an earlier plea filed by Nabam Rebia, who was allegedly removed from the post of Speaker by rebel Congress and BJP MLAs in an assembly session held at a community hall in Itanagar on December 16, has listed out legal questions, including the Governor's power to convene the assembly session without the aid and advice of the government for adjudication by the apex court.

It was also alleged that the Governor had advanced the assembly sitting from January 14 to December 16 without the aid and advice of the Chief Minister and his council of ministers.

Congress, which has 47 MLAs seats in the 60-member assembly, suffered a jolt when 21 of them rebelled. Eleven BJP MLAs backed the rebels in the bid to upstage the Nabam Tuki government. Later, 14 rebel Congress MLAs were disqualified.

The Governor then called assembly session on December 16 in which Deputy Speaker revoked disqualification of 14 rebel Congress MLAs and removed Rebia from the post of Speaker. This sitting was held in a community hall in Itanagar.