Uttarakhand: SC Orders Stay on High Court Order Till 27 April

Live updates on the Uttarakhand political crises as the matter reaches Supreme Court.
The Quint
Politics
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The Supreme Court has passed an interim order as the copy of High Court judgement was not available. (Photo: PTI)


The Supreme Court has passed an interim order as the copy of High Court judgement was not available. (Photo: PTI)
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Centre had moved to the Supreme Court after the Uttarakhand High Court had revoked the President’s rule in the state. Attorney General Mukul Rohatgi was appearing for Centre in the apex court.

Supreme Court Stays HC Verdict to Lift President’s Rule

In a major blow to Congress, the Supreme Court (SC) of India has ordered a stay till 27 April on the Uttarakhand High Court Order to strike down President’s Rule in the state.

The apex court has also directed the Uttarakhand High Court to provide the judgement to all parties by 26 April. The SC has asked for a copy of the order to be submitted to it for examination.

The Attorney General has given an undertaking to the SC that the Centre will not revoke President’s Rule, and no attempts will be made to make government in Uttarakhand by the BJP till next date of hearing.

The order means that Governor’s rule has revived in the state and Harish Rawat will have no power or jurisdiction till further orders.
<b>Mukul Rohatgi, Attorney General</b>

The ousted Chief Minister Harish Rawat has said that they will respect the court’s order and will discuss the case on merit.

This is an interim order till 27 April because SC didn’t have HC’s judgement copy. We were prepared for such changes. The apex court has also ensured that President’s rule can not be revoked till next hearing to stop creation of an unconstitutional government.
<b>Harish Rawat, Former Chief Minister</b>

In a series of tweets, Rawat said that he has complete trust in the judicial process and that public opinion will give the real verdict on this fight.

SC Refuses to Hear Plea of Rebel MLAs

The Supreme Court of India has refused to hear the plea of 9 rebel Congress MLAs. The rebel MLAs had put forward a petition seeking the transfer of their case against the disqualification from High Court to the Supreme Court.

The Supreme Court has also said that the matter may be referred to its constitutional bench.

Meanwhile, Uttarakhand BJP in-charge Shyam Jaju has said that they have the numbers on their side and they will prove the majority whenever they are asked to.

Congress was unable to handle their own party and they are making baseless allegations of us destabilising the state. We have the required numbers and we will pass the floor test.
<b>Shyam Jaju, BJP in-charge, Uttarakhand</b>

Rebel Congress MLA in Uttarakhand, Vijay Bahuguna, has welcomed the stay of HC order by the Supreme Court.

Harish Rawat rushed to being a Chief Minister without a proper copy of HC order. We have also filed a petition to allow us to vote on floor test. We are hopeful that SC will justify President’s rule in the state.
<b>Vijay Bahuguna, Rebel Congress MLA</b>

The SC has said that balance has to be maintained to protect the interests of all the parties involved till the High Court order is made available.

Centre Requests Supreme Court for Stay on HC Verdict

Attorney General Mukul Rohatgi, appearing for Centre, has told the Supreme Court that while the Centre waits for a signed copy, Harish Rawat has already begun taking the decisions.

Rohatgi has requested the apex court for a stay on the HC verdict that struck down President’s rule in Uttarakhand, and to direct the High court to deliver a signed copy of the judgement.

The Centre to Supreme Court

  • The impugned judgement resulted in a serious miscarriage of justice, deserves to be set aside and quashed by orders of this court.
  • Gross injustice and irreparable loss likely to be caused to the petitioner if the impugned judgement of High Court is not stayed.

Shiva Sena, a key ally of BJP in the NDA government has said on Friday that Centre’s decision to impose President’s rule has been embarrassingly “thrown into the dustbin.” The Sena, while welcoming the landmark verdict to restore the democratically elected Government, said it also “belittled” the office of the President.

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CPIM will support Congress resolution in Rajya Sabha seeking condemnation of Centre’s move to impose President’s rule in Uttarakhand.

The Supreme Court will hear the Centre’s plea against the Uttarakhand High Court order at 3.30 pm today. The plea will be heard by a bench headed by Justice Dipak Misra.

Youth Congress workers were seen protesting against the Centre over the Uttarakhand issue in Bengaluru.

Left parties criticised the Narendra Modi government for imposing President’s rule in Uttarakhand, which was quashed by the Uttarakhand High Court, saying the verdict was a “slap to the subverters” of the Constitution.

Uttarakhand High Court has upheld the spirit and letter of SR Bommai judgement. Matter is with Supreme Court now. Lets wait for the judgement.
Prakash Karat, Leader, CPM&nbsp;

Uttarakhand Governor KK Paul questioned the Chief Secretary regarding the Cabinet meeting convened by Harish Rawat on Thursday.

Centre Moves SC; CJI’s Absence Delays Process

Due to the absence of the Chief Justice of India TS Thakur, the Centre might just have to wait a little longer to get the apex court to intervene in the matter. Appearing before a bench led by Justice Misra, the Centre asked the Supreme Court to grant an urgent hearing to its plea but the apex court asked govt to get its petition numbered before registry.

Attorney General Mukul Rohatgi, appearing for the Centre told the bench that it was wrong on part of Uttarakhand High Court to deliver verdict without supplying copy of the judgement.

In its appeal, the Centre maintained that the Rawat government is in minority and the money bill couldn’t be passed. It insisted that the President’s rule was constitutional.

In a separate petition, rebel Congress MLAs also moved the court against their disqualification and the decision to keep them out of voting during floor test on 29 April.

CJI Thakur has been informed about the developments and will decide whether the Centre’s plea should be heard today or Monday.

Rawat Chairs Cabinet Meet

Harish Rawat assumed his duties as a Chief Minister and convened a Cabinet meeting in Dehradun earlier on Friday.

We’re Not Kids: Rebel Cong MLA

It was an unfortunate judgement by the High Court, we will approach SC today. SC’s decision will be accepted by all. Our constitution clearly dictates that if party members don’t follow the whip of the party, they will lose their membership. We are not kids. Whatever step we took, was taken after thinking it through.&nbsp;
Umesh Sharma, Rebel Congress MLA

Centre to Approach SC

The Uttarakhand High Court’s ruling has left the Centre undaunted. The BJP-led central government will exploit the last legal remedy available to them before approaching the Supreme Court.

Senior ministers Rajnath Singh and Arun Jaitley met at party chief Amit Shah’s house. Also present at the meeting were Attorney-General Mukul Rohatgi, Nripendra Mishra, Principal Secretary to the Prime Minister and Home Secretary Rajiv Mehrishi. It was decided during the meeting that verdict would be challenged.

The Centre will tell the Supreme Court that the failure of the Assembly to approve the Appropriation Bill and the “arbitrary” disqualification of nine rebel Congress MLAs are some grounds on which President’s rule may be imposed in the state.

BJP sources admitted to The New Indian Express that Harish Rawat would have the advantage if he won the floor test, scheduled for 29 April, given that the next elections are only a few months away.

Both parties now have an equal number of MLAs after the disqualification of nine rebel Congress MLAs. There are six other MLAs and one nominated.

The BJP top brass went into a huddle soon after the high vourt verdict to strategise on how to deal with the fresh “crisis”

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Published: 22 Apr 2016,10:17 AM IST

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