New Delhi, April 22: The Supreme Court Friday stayed till April 27 the judgement of the Uttarakhand Chief Minister Harish Rawat with state Congress in-charge Ambika Soni and Sanjay Kapoor (2R) during a meeting in Dehradun Friday. PTI photo
High Court quashing the imposition of President’s rule, giving a new turn to the continuing political drama in the state by restoring central rule there.
A bench of Justices Dipak Misra and Shiva Kirti Singh recorded an undertaking 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 has clarified that it was keeping in abeyance the judgement of the High Court till the next date of hearing April 27 as a measure of balance
for both the parties as the copy of the verdict had not been made available to the parties.
While listing the matter for hearing April 27, the bench said that the High Court shall provide copies of the judgement passed Thursday to the parties by April 26 and a copy of the verdict shall also be placed before the apex court the same day.
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 that was passed Thursday.
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 also issued notice to Harish Rawat and the Chief Secretary of the state on a petition by Centre challenging the quashing of the presidential proclamation under Article 356 of the Constitution.
Appearing for the Centre, Rohatgi, along with senior advocate Harish Salve, pressed for the stay of the High Court judgement. He asked 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 President’s 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 the Constitution bench,” the bench said.
The high-voltage hearing at 3.30 pm started with the attorney general attacking Rawat for assuming the office of Chief Minister and chairing a cabinet meeting when the copy of the judgement passed Thursday was not made available to parties. “How can the judgement be implemented unless you have the copy of it. It can’t deny a party to file an appeal,” he said. PTI
