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.