Guv Should Have Stayed His Hand: HC
Uttarakhand HC says any intrusion into freedom of Speaker has to be guarded
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.