Supreme Court recalls notice to Arunachal Pradesh Governor Jyoti Prasad Rajkhowa

The bench, also comprising Justices Dipak Misra, Madan B Lokur, P C Ghose and N V Ramana, clarified that this order would not preclude the Arunachal Governor from filing his counter-affidavit or putting forth his views before it.

The issue came up as the bench issued notices to the Centre on fresh petitions filed by former CM Nabam Tuki and the former deputy chief whip in the Assembly and Rohatgi pointed out that the Governor does not have to be issued notices in view of the settled legal position.

The bench also directed the Governor’s office and the Chief Secretary to provide copies of all documents and records, including those in hard drives, to Tuki and other Congress leaders who are petitioners in the case. These records were seized on orders of the Governor on January 26.

“Basic fairness requires they should be given all documents so that they can effectively respond. Allow them to fight their battles,” the bench told Rohatgi. “We are not interfering with the decision to suspend the Assembly or seize documents. Nobody will work till an eventual decision is taken.”

Not willing to share all documents, Rohatgi said the Congress leaders must specify which documents they need. “These are all government documents. Nothing personal has been seized… It is not a genuine request,” he added.

Appearing for the petitioners, senior lawyer Fali S Nariman said he is “shocked” by the Governor’s directive to seize the documents as if those involved are “criminals”. He also questioned how the Governor’s memorandum can state that the CM and ministers stand dismissed automatically after proclamation of Emergency.