SC stays HC order on President's rule in Uttarakhand till Apr 27


Updated

New Delhi, Apr 22 (PTI): The Supreme Court today stayed till April 27 the judgement of the Uttarakhand High Court quashing the imposition of President's rule, giving a new turn to the continuing political drama in the state by restoring the Central rule there.

Before passing a brief order, a bench comprising Justices Dipak Misra and Shiva Kirti Singh recorded an undertaking given by Attorney General Mukul Rohatgi that the "Union of India shall not revoke the Presidential proclamation till the next date of hearing".

The apex court clarified that it was keeping in abeyance the judgement of the High Court till the next date of hearing on April 27 as a measure of balance for both the parties as the copy of the verdict was not made available to the parties.

While listing the matter for hearing on April 27, the bench said that the High Court shall provide the judgement passed yesterday to the parties by April 26 and on the same date the copy of the verdict shall also be placed before the apex court.

The Supreme Court's stay has the effect of undoing the revival of the Congress government led by Harish Rawat by the High Court judgement yesterday.

During the hearing, the bench also observed that as a matter of propriety the High Court should have signed the verdict so that it would be appropriate for it to go into the appeal.

The apex court issued notice to Harish Rawat and Chief Seceretary of the state on the petition by Centre challenging the quashing of Presidential proclamation under Article 356 of the Constitution in the state.

Appearing for the Centre, Attorney General Mukul Rohatgi, along with senior advocate Harish Salve, pressed for the stay of the HC judgement.

He said how one party can be put at advantage and assume the office of Chief Minister when the other party is pushed to disadvantage in the absence of the judgement.

Senior advocates Abhishek Manu Singhvi and Kapil Sibal, appearing for Rawat and the Assembly Speaker, argued hard against the passing of any interim order saying "you are allowing the appeal by giving the stay".

Sibal was of the view that allowing stay of operation of the High Court verdict would be like enforcing the proclamation of the President rule.

During the jam-packed hearing, the bench sought to pacify both the parties saying that it has to take a balanced view as this is a Constitutional court.

"We will take on record the copy of the judgement and go through it. This matter may go to Constitution bench," the bench said.

 

Earlier:

Centre moves SC on Uttarakhand verdict

New Delhi, Apr 22 (PTI): The Centre today moved the Supreme Court challenging the Uttarakhand High Court verdict quashing imposition of President's rule in the state.

Attorney General (AG) Mukul Rohatgi mentioned the appeal before a bench comprising Justices Dipak Misra and Shiva Kirti Singh, which asked him to approach the Registry for listing it for hearing today itself.

The bench said that the Registry will seek permission from Chief Justice of India (CJI) T S Thakur for listing of the appeal before an appropriate bench.

At the outset, the AG said that the Special Leave Petition (SLP) has been filed today morning but "we don't have the copy of the judgement" as it was not declared and only a speaking order was passed.

A bench headed by Justice Misra was sitting in the CJI's court as the CJI was at a scheduled conference of High Court Chief Justices and judges in the national capital.

Justice Misra said in view of the non-availability of the CJI, some arrangement has to be done for its listing.

The AG said there was a need for an urgent hearing in view of the apparent problem likely to occur between today and Monday.

"I want to press for the stay today itself," Rohatgi said. A petition was also filed by nine Congress rebel MLAs who were disqualified by the Speaker and they have challenged the HC verdict keeping them away from participating in the floor test scheduled for April 29.

The AG, who was flanked by Additional Solicitors General (ASG) Maninder Singh and Tushar Mehta and senior advocate Harish Salve who had appeared for Uttarakhand in the HC, said an SLP has been filed today morning challenging the verdict of the HC pronounced yesterday by which President's proclamation under Article 356 has been quashed.

Senior advocates Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha were present on behalf of the Congress party.

Coming down heavily on the Centre for the March 27 proclamation under Art 356, the High Court had yesterday quashed the imposition of President's rule in Uttarakhand and restored the dismissed Congress government while castigating the Centre for uprooting a democratically-elected government.

The HC had said the imposition of President's rule was contrary to the law laid down by the Supreme Court.

Directing revival of the Harish Rawat government, which was dismissed by the Centre on March 27, the High Court had ordered that he should seek a vote of confidence in the Assembly on April 29.

  

Top Stories

Comment on this article

  • Vincent Rodrigues, Frazer Town,B'lore

    Sat, Apr 23 2016

    Lack of uniformity in the court decisions is one the main reasons for the present confusion in the country.

    DisAgree Agree [3] Reply Report Abuse

  • Santosh,K, Mangalore

    Sat, Apr 23 2016

    BJP trying to ban beef in Uttarakhand.

    DisAgree [1] Agree [2] Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE

    Fri, Apr 22 2016

    Bommai govt v/s Union Govt about article 356 and subsequent verdict against then Union Govt should be lesson for any party's Govt in Centre.

    Some situations arised when BSY's MLAs were hijacked his govt migrated to CHennai Mumbai Hyderbad Etc and even Guv appraised to dismiss BSY but then Singh's Govt outright said a BIG NO to terminate then state Govt.

    A party which boasts that it's cadres were gone to jail during emergency to safeguard democracy went now murder democracy is a biggest exposure of BJP in recent times. SHAME ON MODI AND SHAME ON BJP...Therefore,BJP MUKTH INDIA NEED OF THE HOUR.

    DisAgree [8] Agree [16] Reply Report Abuse

  • Hussain, Abudhabi

    Fri, Apr 22 2016

    High Court verdict squashed by Supreme Court ... Same thing happened with Salman Khan's case ... A lower court's judgement was ridiculed by upper court
    Somewhere somethings wrong with the Indian judicial system..

    Emergency is near

    DisAgree [1] Agree [3] Reply Report Abuse

  • ISMAIL K PERINJE, PERINJE

    Fri, Apr 22 2016

    Sad for democracy because SC has given interim stay against HC observation.Article 356 always misinterpreted by the Ruling Party in Centre.It is a big slap on Modi,BJP RSS and other Sanghis who want oppn Govt in state removed by
    hook or crock.Anyway Modi was slapped by Constitutional authority and again appealing for it's benefit big exposure of BJP

    Why Modi want stay on HC observation when there is a confidential Vote on State Govt.These RSS guys are biggest threat to India and Constitution.I am confident SC will deliver it's verdict in line with HC for sure.

    DisAgree [7] Agree [12] Reply Report Abuse

  • Lexy Saldanha, Mangaluru/Sydney-Australia

    Fri, Apr 22 2016

    Why everyone blaming the NDA Govt for the Utharkhand crisis, it not the NDA, but the president of India who gave his signature & consent to impose presidents rule, president should have evaluated the situation and taken legal advice before putting his signature. After all he is a old congress man, he was ex Finance minster in UPA Govt, he was nominated by UPA and won the post on their support.
    Congress should have defused the crisis by talking to 9 rebelled MLA's (who were of their own), than blaming others, they have dug their own grave and now playing the victim.

    PM Mr. Modi & his party should concentrate on developing the nation, than playing petty politics.

    Lets wait for Supreme courts verdict.

    DisAgree [12] Agree [10] Reply Report Abuse

  • Dr .S.Kamath , Mumbai

    Fri, Apr 22 2016

    Harish Rawat lost the Vote on Budget plunging the Uttarakhand assembly into constitutional crisis.Then there were reports of cash for votes .Central Govt recommended Presidents rule .President signed it .Now Uttarkhand High court has the power on President? I said long back Now Hon SC stayed .Wait watch and see .In simple Congee was trying for Operation Hastha but failed .This will be proved further if there are lots of disagree here .

    DisAgree [18] Agree [9] Reply Report Abuse

  • Sushanth, Udupi

    Fri, Apr 22 2016

    Tight slap on Bharathiya Jhumla Government

    DisAgree [10] Agree [10] Reply Report Abuse

  • VM, Moodbidri

    Fri, Apr 22 2016

    Sushanth,
    No, No, No, No. Huge kick in the back on MAA-BETA Party.

    DisAgree [8] Agree [10] Reply Report Abuse

  • MyrightIsaid, bengaluru

    Fri, Apr 22 2016

    "By Hook or Crook" we shall rule - do not care for any development of the nation, We only need power and power to force on everyone our ideology....you cry, you shout, we do not care for anything else than our ideology....!!!

    DisAgree [7] Agree [7] Reply Report Abuse

  • Rajju, dxb

    Fri, Apr 22 2016

    Abhi naka aur ......sabkutch ragdo.....congi.

    DisAgree Agree Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Apr 22 2016

    BJP is desperate for POWER ...

    DisAgree [4] Agree [8] Reply Report Abuse

  • Dr Mohan Prabhu, LL.D,QC, mangalore/ottawa

    Fri, Apr 22 2016

    Politics aside, this is a constitutional issue whether the President has the authority to act under the Constitution to impose President's rule until stability in the State is assured. The Supreme Court as the final arbiter has the power to decide the issue and it is wise that the Court is taking up this matter on an urgent basis.

    DisAgree Agree [9] Reply Report Abuse

  • alfria, mumbai

    Fri, Apr 22 2016

    Daku aur Feku hazir Ho.

    DisAgree [8] Agree [14] Reply Report Abuse

  • V V , BAJPE/BAHRAIN

    Fri, Apr 22 2016

    NDA Governance is worse than UPA.....
    Feku ki fake approach to kill democracy thwarted by court..satyamev jayetay!!!!!
    V V
    BAJPE/BAHRAIN

    DisAgree [15] Agree [11] Reply Report Abuse

  • Ummar , Udupi, Dubai

    Fri, Apr 22 2016


    BJP will stoop to any level to grab the power. Neither they have shame nor respect. Hope SC will give justice to elected govt.

    DisAgree [12] Agree [16] Reply Report Abuse

  • Roshan, mangaluru

    Fri, Apr 22 2016

    BJP has been distorting facts and destroying each of the carefully built democratic institutions post 2014 results. Ppl mandated BJP to improve, instead got greed taken over their mindset. There can now be no turn back.

    The greed for power has already noted by people within india and abroad. Except for those who are direct cash beneficiaries are already questioning direction which BJP is moving.

    HC verdict is just a whip, but thick skinned BJP will not learn any lessons.

    DisAgree [8] Agree [18] Reply Report Abuse

  • martin,

    Fri, Apr 22 2016

    EVEN after super tight slap by honourable high court, shameless & anti people BJP govt hell bent on murdering democracy in states.
    MODI govt since past 2 years have done nothing for nation but have done serious damage to education, social harmony & employment.
    TO hide its total failure in all aspects BJP's indulging in disgusting bully act.insulting peoples verdict BJP/MODI are busy in destroying state govts.
    PEOPLE of india gave BJP 300 seats to lawfully govern this nation & to focus on development.but in a total disregard to that mandate BJP/MODI are wasting their time/energy on terrorising students,artists,actors,thinkers & opposition ruled state govts. what a shame.

    DisAgree [11] Agree [14] Reply Report Abuse

  • Krish, Dubai

    Fri, Apr 22 2016

    Means in UPA rule it was by 10 janpath?
    And george was appointed to serve 10 janpath?

    Minister hai ya slave?
    Ye kya fekugiri hai?

    DisAgree [14] Agree [8] Reply Report Abuse

  • Ravi C, Mangalore

    Fri, Apr 22 2016

    Center should focus on development instead of snatching power from opposition. Let people decide who should be their leader. Why are they so hungry for power and how many crores spent already in horse trading?

    DisAgree [6] Agree [24] Reply Report Abuse

  • Jossey Saldanha, Mumbai

    Fri, Apr 22 2016

    No wonder fresh appointments were made from Gujarat ...

    DisAgree [17] Agree [38] Reply Report Abuse

  • P. Shirish Kumar Hosabettu, Muscat, Mangalore

    Fri, Apr 22 2016


    Congress can bribe anyone.

    DisAgree [32] Agree [15] Reply Report Abuse

  • ca girishkk, m'lore/dxb

    Fri, Apr 22 2016

    @ shirish, hosabettu,

    If so..., then the tall claims of fight against corruption by our honorable PM Namo (& BJP) is a big FEKU. No use even after BJP lead govt come to power at the centre.

    Food for thought...,
    Operation KAMALA fame symbol of corruption(perception is not changed even after court exonerated, b'coz those who receive money and voted BJP know themselves better than court) in Karnataka is made President of BJP.

    b cool...
    jai ho.., jai hind..,

    DisAgree [9] Agree [28] Reply Report Abuse


Leave a Comment

Title: SC stays HC order on President's rule in Uttarakhand till Apr 27



You have 2000 characters left.

Disclaimer:

Please write your correct name and email address. Kindly do not post any personal, abusive, defamatory, infringing, obscene, indecent, discriminatory or unlawful or similar comments. Daijiworld.com will not be responsible for any defamatory message posted under this article.

Please note that sending false messages to insult, defame, intimidate, mislead or deceive people or to intentionally cause public disorder is punishable under law. It is obligatory on Daijiworld to provide the IP address and other details of senders of such comments, to the authority concerned upon request.

Hence, sending offensive comments using daijiworld will be purely at your own risk, and in no way will Daijiworld.com be held responsible.