Guv Should Have Stayed His Hand: HC

Ut­tarak­hand HC says any in­tru­sion into free­dom of Speaker has to be guarded

The Economic Times - - Pure Politics - Press Trust of In­dia

Nainital: The Ut­tarak­hand High Court has ob­served that the Gov­er­nor should have “stayed his hand” while deal­ing with the Speaker over pro­ceed­ings in the Assem­bly, say­ing he (Speaker)is also a Con­sti­tu­tional au­thor­ity and “any in­tru­sion” into his free­dom should be guarded.

Mak­ing th­ese ob­ser­va­tions at the end of a day-long hear­ing, the divi­sion bench of the court said that this case was go­ing to be an ex­am­ple where bound­aries be­tween Con­sti­tu­tional au­thor­i­ties like Pres­i­den­tandGover­nor­w­ere­drawn to en­sure that pow­ers “are not tram­pledupon­by­one­ortheother­author­ity.” The bench, com­pris­ing Chief Jus­tice K M Joseph and Jus­tice V K Bist, ob­served that “ideally he (Gov­er­nor) should have stayed his hand”whilere­fer­ring­tothecommu- nica­tion sent by the Gov­er­nor to the Speaker re­gard­ing the MLAs memo for de­mand of divi­sion of votes.

“This amounts to giv­ing an or­der over the phone. Any in­tru­sion into free­dom of Speaker has to be guarded. Speaker is also a Con­sti­tu­tional au­thor­ity. Here some bound­aries have been crossed,” it said.

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