Dimapur, January 9 (MExN): The Guwahati High Court has served the Government of India a two-week time to furnish its side of contention for imposing President’s Rule in Nagaland. Admitting the NPF’s writ petition filed yesterday challenging the imposition of PR, a Guwahati High Court divisional bench hearing today directed the GoI to file their arguments and cause by January 25. The High Court also scheduled February 5 for the next hearing.
Confirming the development, petitioner on behalf of the regional party, Yitachu said the matter involved urgency considering the state assembly elections is a threshold off. Yitachu also informed that the petitioner’s case was represented by former Attorney General of India Soli Soharabjee assisted by a number of advocates. The two-member divisional bench headed by the Chief Justice admitted the case and the hearing was informed to have taken place ‘without any opposition’ from the counsel representing the Government of India. Referring to the Congress, Yitachu remarked that the role of a political party is to govern the people and not ‘bring President’s Rule’ to them.
The petitioner was accompanied by several state NPF functionaries and several legislators. It was also informed that Rajya Sabha MP TR Zeliang and Lok Sabha MP Wangyuh Konyak and RK Khing and CM Chang were among those who sat in the hearing.
Also, NPF’s press secretary and spokesman Abu Metha said that the very admittance of the NPF’s petition in the court was itself a victory. While the court has taken up the case, the party’s spokesperson held view that the Congress ushering in President’s Rule has only strengthened the cause of the state’s biggest regional party. He pointed out that Nagas have a history of suffering under President’s Rule or Martial Law, and has yet to forget this past. Metha also made mention that the Governor of Nagaland had, in his report, mentioned “constitutional crisis” as one of the points for consideration of President’s Rule in the strife-torn state, and seeking the court’s intervention was a way of challenging the Congress’ contention, he said.
On the other side of the front, NPF’s ally, the Nagaland BJP, has readied a similar writ petition challenging the PR, to be filed in the Supreme Court. Chief of the state’s BJP, Ato Yepthomi, disclosed that the party has already in place, a petition but has yet to file it. Knocking the Supreme Court’s door would be decided only after the outcome of the NPF’s challenge in Guwahati High Court, Yepthomi informed. The decision to approach the Supreme Court was taken around January 6, after consultations with partners and allies in the DAN, he said. The BJP is the biggest ally in the Democratic Alliance of Nagaland (DAN) coalition.
It may be mentioned that the Congress-led UPA government at the centre imposed President’s Rule on January 3 last following the “political crisis” arising out of the Congress’ December 13 No-Confidence motion moved against the DAN government. The ruling of the Speaker barring three Independent candidates from voting in the motion and also invalidating the votes of dissident NPF legislators, who voted against the party whip served to them, was some of the Congress’ points of contention.
Despite the Speaker’s declaration that the motion was defeated, the opposition Congress, and its ally, the JD (U) along with dissident NPF legislators claimed that it had voted out the DAN government.
They staged a walk-out from the proceedings of the house. Following the controversy, the opposition Congress along with supporter-legislators went to Delhi and paraded 30 members before the central leaders and also the President and Prime Minister of India, demanding the dismissal of the DAN government.
Despite their failure to convince the central leadership for dismissal of the DAN government, the opposition continues to camp in Delhi “sacrificing” Christmas and New Year, and continued to lobby for President’s Rule. Bowing to pressure, the UPA government had recommended the President of India for imposition of President Rule, approved on January 3.
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