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ASSENG/2015/64205
Vol. 1
Issue 231
The historical peasants' martyrdom of Patharughat still cries for national recognition.
Page 8
Dibrugarh, Thursday, January 28, 2016
JOBS & CAREER
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Lowest profit in five years posted by Hyundai Motors Page 10
Page 9
Pages- 12
BJP hits back at Cong, says 1975 emergency was 'murder of democracy' Page 6
PROCLAMATION OF PRESIDENT RULE: WILL THE TOP COURT INTERVENE? Governor takes over all powers CONG TAKES THE BATTLE TO TOP COURT SC seeks reply by 29 January, next hearing on 1 February and function of the state Declaring President Rule in the state, the Governor of Arunachal Pradesh Shri JP Rajkhowa has taken over all powers and functions of the State of Arunachal Pradesh on behalf of President of India with immediate effect. The proclamation of President Rule under Article 356(1) of the Constitution of India is notified last night Vide Notification No. G.S.R. 105(E) New Delhi, the 26th January, 2016. The Governor convened a meeting of senior officers of the State headed by the Chief Secretary Shri Ramesh Negi at Raj Bhavan, Itanagar in the evening of 26th January 2016. In his first meeting the Governor advised the officers to ensure that there is no law and or-
ET CAPSULES
Road accident Demow, Jan 27: One person died in a tragic road accident at Demow Bamunbari today. The accident took place at around 11 am when Pankaj Ghosh, a resident of Demow Charali who was on his two wheeler had a collision with a bus. As Ghosh fell from his bike after the collision, a truck which was following knocked him to death. (Correspondent)
Car stolen Digboi, Jan 27: A white Maruti car bearing registration no. AS23 D 6075 was stolen from the residence of Baby Ritu Phukon, a resident of Borbil No 2 under Digboi police station in the wee hours today. Meanwhile, an FIR has ben lodged and a case no 14/2016 been registered u/s 380 IPC. (Correspondent)
Road mishap Digboi, Jan 27: One Ratan Panika of Bogapani Line no 2 area died here last evening on NH 38 after he was hit by a four wheeler auto rickshaw being driven by Durga Chetry of Bogapani Bongaon under Digboi Police Station. (Correspondent)
der and security problems in the State and laws must be enforced in letter and spirit for safeguarding the interest of the common people.
The Governor instructed the Chief Secretary to issue a circular to all the departments and offices to maintain utmost transparency in decision making and execution of various works and take firm action against corruption. Good Governance and corruption free administration must be ensured under President Rule, as expected by the people of Arunachal Pradesh. On financial matters, the Governor advised the officers to give priority on payment of salaries allowances of the Government employees, pensions to pensioners and the establishment expenses and underscored that the development process must not suffer, but be expedited.
The Governor assured the officers to take up any financial issues or any other subject pending with the Central Government to expedite the process of development in the State. Stressing on security coverage for former Chief Minister and Ministers etc., the Governor said that nobody should have any security problem and all the members of the State Assembly will get security coverage as per entitlement. For this necessary security review will be done by the Security Standing Committee immediately. The Governor has appealed to the people of the State to carry on the normal duties as usual and in case of any difficulty; they may refer the matter to Governor Secretariat. He also appealed to the people for the cooperation in expediting the developmental works and advised them to maintain communal harmony.
Arunachal BJP ‘We have full welcomes the faith in SC’: Tuki Imposition of PR ANI New Delhi, Jan. 27
A Staff Reporter Itanagar, Jan 27 The Bharatiya Janata Party Arunachal Pradesh while welcoming promulgation of President Rule would stand solidarity with and is committed to extend support in maintaining law and order, development activities for peace and tranquility in the frontier state. The meeting presided by the State President, Tai Tagak in which former MP, Tapir Gao, former State President, Shri Tapen Siga and Dr. Tangor Tapak also attended welcomed the promulgation of president rule in Arunachal Pradesh by the president of the Republic of India, Shri Pranab Mukherjee in the last Tuesday on 26th Jan, 2016. Situations that led to promulgation of PR in the state are solely the creations of Congress Party state government only, said BJP in a press release. The press release further added that the President rule is necessitated to end the long and an unending political instability created by the ruling congress government in the state.
Congress vows to continue fight against ‘autocratic’ PM See page 3
With the Supreme Court (SC) seeking the Centre’s explanation over the imposition of President’s rule in Arunachal Pradesh following a Congress’ plea that challenged the Union Cabinet's decision, former chief minister Nabam Tuki on Wednesday said he has full faith in the apex court and will abide by any decision taken by it. “Have full faith in judiciary. We'll abide by SC's decision. I trust Supreme Court and I am confident court will take the right decision,” Tuki told media persons here. Samir Malik, a lawyer representing the Congress party, said the Supreme Court has asked for a report on the basis of which the proclamation was issued to be tabled today. “Court has issued notices to Centre & Governor, they have to file their response by Friday and court directed that date of report on basis of which this proclamation was issued, be given to us during course of the day.. Governor and Centre are to place report in a sealed envelope before court at earliest,” he said.
Youngest officer hoisted the Tri colour on R- Day Saptati Endow a young lady officer of Assam Civil Service of 2015 who is on probation is a fortunate officer of the state to hoist the National Flag in the ceremonial celebration of the Republic Day thereby creating a record in the state.
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Escorted by the Sub Divisional Police Officer Nirupam Hazarika she hoisted the National Flag in presence of nearly two thousand people. She also received the salute from the seven contingents of police and students who took
The imposition of President’s rule in crisis-hit Arunachal Pradesh on Wednesday came under the scanner of the Supreme Court which sought the report of Governor Jyoti Prasad Rajkhowa recommending central rule in the state, saying “it is too serious a matter”.
SUPREME COURT SEEKS GOVERNOR’S REPORT 1. The court described the Arunachal Pradesh crisis as "too serious" and a matter of gravity as it insisted that it needs to examine the report described as "confidential" by Governor JP Rajkhowa.
The remark by a five-judge bench headed by Justice J S Khehar came when Attorney General Mukul Rohatgi raised a preliminary objection contending that the notification on promulgation of President’s rule has not been challenged in the fresh plea. The bench asked the Attorney General not to raise “technical objections” when he persisted with his plea arguing that “rules are rules” and they apply equally to all.
A battery of senior lawyers including Fali S Nariman, Kapil Sibal, Rajeev Dhawan and Vivek Tankha opposed the plea of governor seeking to maintain secrecy of his report and recommendation, saying that larger bench of more than five judges have already laid down the proposition on this aspect.
The bench allowed the petitioners to amend their plea by Friday.
However, Jain, who was representing Rajkhowa and was asked at the beginning of the hearing to bring to court within 15 minutes the Governor’s report, claimed that the confidentiality of the document was required to be maintained.
When Additional Solicitor General Satpal Jain, appearing for the Governor, sought to maintain secrecy of the report and the recommendation for the President’s rule, the bench said, “He will only mention the date of report recommending President’s rule to opposite parties during the course of the day.” However, the bench for its own perusal sought in a sealed cover the report and recommendation on imposition of the President’s rule. “Unless we get the grounds for recommending the President’s rule, we cannot proceed. If grounds are not same in the proclamation then it is totally a different ball game,” the bench, also comprising justices Dipak Misra, M B Lokur, P C Ghose and N V Ramana, said during the hearing. The bench was also of the view that no interim order can be obtained unless the parties see the grounds for proclamation for President’s rule.
The Union Cabinet’s recommendation for imposition of President’s rule in Arunachal Pradesh has brought the focus back on Article 356 of the Constitution -– used and misused for decades by successive governments irrespective of their political ideology.
3. The governor's counsel had also pleaded that it would take time to produce the report in court, to which the judges said: "You have given this report indicating an emergency situation as to why President's Rule needs to be imposed. So please produce the report."
Legal position on the controversial provision of the Constitution
The bench asked the Attorney General not to raise “technical objections” when he persisted with his plea arguing that “rules are rules” and they apply equally to all.
It posted the matter for February 1 asking the Governor and the Ministry of Home Affairs to file responses by Friday on petitions filed by Congress leaders including the plea of Rajesh Tacho, Chief Whip of Congress Legislature party in the state assembly which is now kept under suspended animation.
He said there are photographs to suggest that the Governor was under threat as slaughtering of animals, burning of tyres and posters took place outside the Raj Bhawan. The fact that the notification of President’s rule was not challenged in the fresh plea was raised in a big way by the Attorney General who said that they should be asked to file another petition. When Rohatgi said there were reports on which the President has acted, the bench drew his attention to yesterday’s notification in which there was reference to only one report. “You (AG) have been saying there have been series of recommendations. Look at the President’s proclamation. It only speaks about one report and informations,” it said.
At the outset, Nariman explained the sequence of events and said that it was a fit case for an interim relief and the court has to prima facie arrive at a view that a case is made out or not. He said as the report of the Governor was not in hand, it was not known as to what were the grounds taken for recommendation of central rule. His submission was objected to by senior advocates Ashok Desai and Vikas Singh, appearing for opposite side, saying that no interim order can be passed without hearing them. “We will not pass any order without hearing all the parties. It is a sensitive issue,” the bench said. Desai said that reasons for proclamation may be different from what has been given by the Governor. “Yes, that is why we want to see the report and that is why we want to hear the Attorney General,” the bench said. Explaining the urgency and importance of the matter, Sibal said that the issue of proclamation of President’s rule will come before Lok Sabha and Rajya Sabha in the coming session for affirmation and they may lose it in the Upper House as the NDA does not have majority there. Further he said even if there is no affirmation, the court has to look into the legality of the
Youngest ACS officer Saptati Endow is addressing the Republic Day celebration at Bhergaon Sub Division in Udalguri district
part in March Past and also inspected a guard of honour. Bikram Rabha and Bodosa Boro of Khairabari who bagged the silver medal in in Kick Boxing event in the recently concluded All India School Games were offered
felicitation on the celebration. Executive Members of BTC Jagadish Sarkar, Lwmsraow Daimari and Bonjar Daimari, Deputy Speaker of BTC Nelson Boro and Legislator of Paneri LAC Kamali Basumatar also attended the celebration.
ET Bureau, Jan 27
2. The governor's counsel told the court that the report can be shared with the judges but not the Congress, which has challenged President's Rule. The judges said they would decide after reading it.
actions taken by the Centre and even if there is new Chief Minister, he will have to prove his majority before February 23. While the bench was taking note of the possibilities, Sibal said that if no government is formed then there is no option but to dissolve the house and go for fresh elections. He urged the bench not to declare as infractuous the present petition even if the opposition forms the new government. Earlier during the day, the court agreed to hear at 2 PM the plea challenging the Union Cabinet’s recommendation to impose President’s Rule when Nariman and Sibal mentitioned it for urgent hearing. The fresh plea assumes significance as the five-judge bench is examining constitutional provisions on the scope of discretionary powers of the Governor, amid continuing month- long impasse over Nabam Tuki-led Congress government in Arunachal Pradesh. In an earlier plea filed by Nabam Rebia, who was allegedly removed from the post of Speaker by rebel Congress and BJP MLAs in an assembly session held at a community hall in Itanagar on December 16, has listed out legal questions, including the Governor’s power to convene the assembly session without the aid and advice of the government for adjudication by the apex court.
According to Article 356, President’s rule can be imposed in a state if a situation has arisen in which the government of the state cannot be carried on in accordance with the provisions of the Constitution. Breakdown of constitutional machinery The expression “breakdown of constitutional machinery” has not been defined in the Constitution. It can happen due to political reasons such as hung assembly, the government losing majority in the assembly, failure of any political grouping to form a government, defections and break-up of coalition or because of insurgency etc. Whatever may be the reason, the President has to be satisfied about of breakdown of constitutional machinery in the state. Governor’s otherwise
report
or
Generally, the governor sends a report in this regard to the Centre and it’s his/her report that forms the basis for the Union Cabinet’s recommendation to the President for invoking Article 356 to impose President’s rule. However, the provision also says that the President can take such a decision even “otherwise” (i.e. even in the absence of governor’s report). But in any case, the President has to be satisfied that the constitutional machinery has broken down in the state.
Contd. on Page 3
An analysis of the scenario See page 3
Orchid houses inaugurated A Staff Reporter Itanagar, Jan 27
Raj Bhavan, which is visited by hundreds of people throughout the year. Forest Range Officer Shri Taba Teni briefing on the project informed that the 90 Sqmtrs Orchidarium has 250 nos. of orchids in six varieties of orchids including Mokar Hybrid, Oncidium Hybrid, Phaleonopsis Hybrid, Vanda Hybrid, Dendrobium Hybrid and Cattleya Hybrid. It has motor operated sprinkler and fogger and is a top ventilated tropical green house.
The Raj Bhavan taking another step in promoting orchids, the Governor of Arunachal Pradesh Shri JP Rajkhowa and First Lady of the State Smt Rita Rajkhowa inaugurated an ‘Orchidarium’ and ‘Tail Flowers House’ at Raj Bhavan, Itanagar on 27th January 2016. They expressed hope that the Orchid project will go a long way in highlighting the orchids of Arunachal Pradesh, which is adorned with more than 500 species of India’s approximately 1000 species of orchids.
ET Correspondent Mangaldai, Jan 27
Saptati Endow of Silchar town who has joined as an Assistant Commissioner on October last has been functioning as the Sub Divisional Officer (Civil) as no other senior officer of ACS or IAS have been posted there.
ANI New Delhi, Jan 27
FRO added that 105 Sqmtrs ‘Tail Flowers House’ has 200 nos. of seven colour of tissue culture of Anthurium. The house has drip irrigation system in a top ventilated tropical green house.
Sharing their experiences of their visit to the Orchidarium at Botanical Park, New York, they said that people of the State must explore avenues in orchid cultivation and revenue generation through it. The Governor appreciated the contribution of Department of Environment and Forests led by PCCF Dr. Shashi Kumar for setting up of the project in
Governor of Arunachal Pradesh JP Rajkhowa inaugurating the Orchid house.
PCCF (Wildlife) Shri GN Sinha, PCCF (Planning & Development) Dr. Rabindra Kumar and PCCF (Research & Evaluation) Dr. R. Kemp along with other senior officers of Department and Raj Bhavan officials were present on the occasion.
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A Staff Reporter Itanagar, Jan 27
IMPLICATION OF PRESIDENT’S RULE