Uttarakhand verdict: Centre moves SC, AG asked to approach Registry first

The Centre on Friday moved the Supreme Court challenging the Uttarakhand High Court verdict quashing imposition of President's rule in the state. Attorney General (AG) Mukul Rohatgi mentioned the appeal before a bench comprising Justices Dipak Misra and Shiva Kirti Singh, which asked him to approach the Registry for listing it for hearing today itself.

The bench said that the Registry will seek permission from Chief Justice of India (CJI) T S Thakur for listing of the appeal before an appropriate bench. At the outset, the AG said that the Special Leave Petition (SLP) has been filed today morning but "we don't have the copy of the judgement" as it was not declared and only a speaking order was passed.

A bench headed by Justice Misra was sitting in the CJI's court as the CJI was at a scheduled conference of High Court Chief Justices and judges in the national capital. Justice Misra said in view of the non-availability of the CJI, some arrangement has to be done for its listing.

The AG said there was a need for an urgent hearing in view of the apparent problem likely to occur between today and Monday.

“I want to press for the stay today itself,” Rohatgi said. A petition was also filed by nine Congress rebel MLAs who were disqualified by the Speaker and they have challenged the HC verdict keeping them away from participating in the floor test scheduled for April 29.

The AG, who was flanked by Additional Solicitors General (ASG) Maninder Singh and Tushar Mehta and senior advocate Harish Salve who had appeared for Uttarakhand in the HC, said an SLP has been filed today morning challenging the verdict of the HC pronounced yesterday by which President’s proclamation under Article 356 has been quashed.

Senior advocates Kapil Sibal, Abhishek Manu Singhvi and Vivek Tankha were present on behalf of the Congress party.

Coming down heavily on the Centre for the March 27 proclamation under Art 356, the High Court had yesterday quashed the imposition of President’s rule in Uttarakhand and restored the dismissed Congress government while castigating the Centre for uprooting a democratically-elected government.

The HC had said the imposition of President’s rule was contrary to the law laid down by the Supreme Court.

Directing revival of the Harish Rawat government, which was dismissed by the Centre on March 27, the High Court had ordered that he should seek a vote of confidence in the Assembly on April 29.