New Delhi: The Supreme Court on Monday refused to pass an interim order on a fervent plea of Congress against "illegal" swearing-in of its rebel leader Kalikho Pul-led government in Arunachal Pradesh, saying it can "set the clock back" if the Governor's actions are found unconstitutional.
"Don't mix up too many things. If you mix up to much, then it would be difficult to compartmentalise. I think you (lawyers) all know that we can put things back...have you not read that passage of S R Bombai judgement," the apex court said when senior lawyer F S Nariman sought an interim order by referring to subsequent developments in the crisis-hit state where Pul was sworn in as Chief Minister late Friday night.
The bench, which reserved its verdict on a batch of petitions dealing with discretionary powers of the Governor to summon or advance the assembly sessions, said it had the powers to undo the damage.
"We can't get into all this. We should not do this, but this court has the power to set things right. This court has done this before. If we agree with you, we can set the clock back. Let them do whatever they want want to," a five-judge constitution bench headed by Justice J S Khehar said.
It said the verdict in this case will not only have its effect in Arunachal Pradesh but its going to affect every state. "The verdict is going to affect every state. This will set a precedence," the bench said.
The bench, however, segregated two other sets of petition which were filed against the subsequent promulgation of President's Rule in the state and its revocation thereafter which led to the formation of a new government.
It has now fixed these pleas for hearing after the pronouncement of verdict on petitions dealing with Governor's discretionary powers in advancing the assembly session and setting the agenda of the House.
