The Uttarakhand high court said on Wednesday that the President’s decision to suspend the state assembly is “open for judicial review” as even he can be wrong in situations. In a warning to centre, the bench of Chief Justice K M Joseph and Justice K M Bist also told that the government shouldn’t prove the court by revoking President’s rule till a verdict is delivered on the petition challenging its imposition.
According to Centre’s argument that the President took the decision to impose Article 356 of the Constitution in his “political wisdom”, the bench told: “There is nothing like unreviewability. We are not sitting here to judge the political wisdom of the President, People can go wrong. A President or judge may be an excellent person; however he (President) can also go horribly wrong.”
This hearing was because Chief Minister Harish Rawat petition challenged imposition of President’s rule and related petitions. The bench said that, however high or low, the law is above everyone and Legitimacy of relevant inference drawn from the material that is placed before President is open for judicial review.
Additional Solicitor-General Tushar Mehta, representing the Centre, said: “On March 18, 35 MLAs, including nine Congress MLAs, had asked for a division of votes on the Appropriation Bill. The number [35] is undisputable.”
The Bench, however, noted that while the Centre claimed that 35 MLAs, including nine rebel Congress MLAs, had asked for a division of votes, there was “no reference [in the Governor’s report to the President] to nine Congress MLAs asking for a division.”
The Centre had earlier argued that a complaint against Mr. Arya had been moved before President’s Rule was imposed, but the Speaker had taken no action. However, he acted swiftly against the nine rebel Congress MLAs and disqualified them.
When the Bench asked the Centre for a clarification whether the complaint against Mr. Arya was filed before or after the imposition of President’s Rule, the Centre asked the Bench for a day to reply. However, the Bench registered this as a “deliberate” attempt by the Centre to mislead the court. “This is terribly wrong. We can only request you to refrain from doing such things again,” the Chief Justice said.
The bench is likely to reserve its verdict on Thursday after the Centre submits its clarification on Arya.
