It also recorded in its order that earlier senior advocate Satpal Jain, appearing for the governor, had undertaken, in pursuance of the court's direction, to file materials leading to the recommendation of the President's rule.
After the Centre raised objections, the Supreme Court on Monday admitted its "mistake" and recalled a notice issued to Arunachal Pradesh governor Jyoti Prasad Rajkhowa, in a plea challenging the Narendra Modi government's decision to impose President's rule in the state.
Appearing for the Centre, Attorney General Mukul Rohatgi argued before a constitution Bench headed by Justice J S Khehar that governors enjoy complete immunity under the Constitution (Article 361) and the court ought not have issued notice to Rajkhowa and sought for his reports.
"… Having given our thoughtful consideration to the issue in hand, we consider it just and appropriate to recall the notice issued to respondent No.2 (Governor) on January 27," the bench said.
It, however, made it clear that Rajkhowa can file his response if he desired "as he is already participating in collateral proceedings in this court."
It also recorded in its order that earlier senior advocate Satpal Jain, appearing for the governor, had undertaken, in pursuance of the court's direction, to file materials leading to the recommendation of the President's rule.
To the Attorney General's objection, the bench said: "We can recall the notice, if we have committed the mistake," the bench said.
Earlier, the Centre had justified the imposition of President's rule saying there was "complete breakdown" of governance and law and order in the state where the governor and his family apprehended "grave danger to their lives".
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