NEW DELHI: The Supreme Court has on Monday accepted its mistake and recalled the notice issued to the Arunachal Pradesh governor Jyothi Prasad Rajkhowa, over cases relating to the imposition of President’s rule in the political-crisis hit state. As per the Article 361 of the Indian constitution, the governor of a state enjoys complete protection from any type of legal proceedings.
Considering its earlier verdict and accepting the point raised by the Attorney general Mukul Rohatgi, the five-judge Supreme Court bench headed by Justice khehar said “issuing notice was our mistake. We are recalling the notice issued to the Governor”.
The bench, also comprising Justices Dipak Misra, MB Lokur, PC Ghose and NV Ramana, clarified that the recalling of the notice does not mean the Governor is exempted from filing his reports and views before the Supreme court. It also added that the court was more concerned about the legality on the imposition of President’s rule in Arunachal Pradesh than any other special provisions.
Earlier, senior advocate Satpal Jain had appeared on behalf of the Governor to file the recommendations report, which led to the imposition of the President’s rule in Arunachal Pradesh.
On the other hand, the Supreme Court has issued a fresh notice to the Central Government after the former Arunachal Pradesh Chief Minister Nabam Tuki, refiled another petition deleting the name of the Governor.
Arunachal Pradesh has been suffering with a political-crisis, with no assembly session being conducted in a period of six months. The Constitution of India mandates for a State Assembly session to be held in a time-period of every six months, failing to which the President can impose his rule in the State. In his report to President Pranab Mukherjee, Arunachal Pradesh Governor Jyothi Prasad complained that the law and order in the state was completely destroyed with he himself being targeted by the ruling party MLAs.