The Uttarakhand High Court on Thursday allowed former CM Harish Rawat’s plea challenging imposition of President’s rule.
HC on Wednesday made a strong observations against the centre for its decision to impose President’s rule, saying that President of India is not a king who is infallible but can go wrong and that his decision is open to judicial scrutiny.
The court further added, “Absolute power can spoil anybody’s mind. Even the President can go wrong and in such case his decisions can be subjected to scrutiny. Indian courts have the power to scrutinise all orders.”
“There is no king or absolutism. Howsoever high you are, the law is above you. Legitimacy of relevant inference drawn from the material that is placed before President is open to judicial review,” a bench of Chief Justice K M Joseph and Justice V K Bist said.
“We hope they will not provoke us” till a verdict is delivered on the petition challenging its imposition, the bench said during the hearing on the petition challenging the imposition of President’s rule in the state.
The bench made the observations after senior advocate Abhishek Manu Singhvi raised the apprehension that President’s Rule might be revoked before verdict is pronounced or even reserved.
Singhvi, who appeared for former Chief Minister Harish Rawat in his plea challenging President’s Rule, expressed the fear after the Centre said that the Attorney General’s statement of April 7, that nothing with regard to 356 will be done till April 17, has “expired”.