New Delhi: The Supreme Court on Monday cancelled its notice to Arunachal Pradesh governor J.P. Rajkhowa over the proclamation of President’s Rule in the state.
A five-judge bench comprising justices J.S. Khehar, Dipak Misra, Madan B. Lokur, P.C. Ghose and N.V. Ramana considered it “just and appropriate" to recall its order seeking Rajkhowa’s response on reasons for President’s Rule in Arunachal Pradesh; governors enjoy immunity from the courts under the Constitution.
The court, however, added that Rajkhowa was free to file any affidavit if he was inclined to do so, without a direction from the court.
The court also granted access to certain records to chief minister Nabam Tuki, other ministers and parliamentary secretaries which were seized from them and sealed.
Tuki and others told the court that the governor, by an order pursuant to the notification for President’s Rule, had ordered all offices, files, documents, computers and laptops to be taken into custody from their homes and offices.
This prevented Tuki from preparing an appropriate defence against allegations made against him in the government’s affidavit, lawyer Fali S. Nariman told the court. Nariman was representing Tuki.
The court directed that by Friday, the central government provide copies of all files, documents and hard disk drives to the chief minister, other ministers and parliamentary secretaries. It also asked the government to return any personal letters, files and books seized during this process.