SC issues notice to Centre on Prez Rule

Delhi’s ruling Aam Aadmi Party also termed the cabinet’s recommendation as “against the Constitution”.

Arunachal Pradesh has been rocked by a political crisis since December 16 past year when 21 rebel Congress MLAs joined hands with 11 of BJP and two independents to “impeach” Assembly Speaker Nabam Rebia at a makeshift venue, in a move branded as “illegal and unconstitutional” by the Speaker.

The decision to dislodge an elected Congress government on the Republic Day was “an open and dastardly murder of democracy”, party spokesperson Raj Babbar said in a statement here.

The fresh plea assumes significance as the five-Judge bench is examining Constitutional provisions of the scope of the Governor’s discretionary powers, even as the Nabam Tuki Government battles for survival because of rebel Congress MLAs.

Suggesting that a lingering political crisis in the state would have worsened the matters, he said it was a border state and needed order. It has already attracted support from the Janata Dal (U), the Aam Aadmi Party (AAP) and, on Wednesday evening, the Nationalist Congress Party (NCP). “A taped conversation is testimony to the fact. If grounds are not the same in the proclamation, then it is totally a different ball game”, the Bench, also including judges Dipak Misra, M B Lokur, P C Ghose and N V Ramana, said during the hearing.

“These two issues have more or less ensured that Parliament will likely not run during the budget session”, said a senior Opposition leader. Still, the final call now rests with the Supreme Court, with the Centre having to satisfy the court on the argument that there had been a constitutional breakdown which necessitated Central rule. “This shows the sinister design of Narendra Modi government to dislodge constitutionally elected Congress governments in the North Eastern States”, he added. However, proposal for transfer and postings for other officers should be disposed off by the chief secretary and principal secretaries concerned, the memorandum said.

Since the apex court is closed tomorrow due to Republic Day, the petition through the Deputy Registrar was placed at 1800 hours before the CJI, who preferred to get it listed on Wednesday.

“This is a conspiracy hatched by Rijiju with the objective of installing a BJP government in the state”.

The report, according to sources, includes the charge that “Government institutions and officials were funding and abetting organisations to target the Governor”.

The Centre went by the advice of the governor, who had reportedly said that law and order had severely deteriorated in the state, an assembly session had not been held in six months and that lawmakers had been denied access to the Assembly. The Congress has challenged this session as invalid because it says the Chief Minister and his cabinet were not consulted. Yet, it is equally true that Governor Rajkhowa advanced the scheduled assembly winter session from January 14, 2016 to December 16, 2015 and fixed a motion for removing the Speaker as the first agenda item.