SC moved as Rajth explains
Prab ratiole of decision
New Delhi, Jan 25: The Congress on Monday submitted a memorandum to President Prab Mukherjee, urging him to look into the union cabinet's recommendation to impose President's Rule in Aruchal Pradesh.
The opposition party also moved the Supreme Court during the day to challenge Sunday's cabinet recommendation regarding the north-eastern state.
Moving the apex court, petitioner Rajesh Tacho, chief whip of Congress Legislature Party in Aruchal Pradesh assembly, assailed the governor's report for imposing president's rule, its acceptance by the cabinet and subsequent recommendation to the President.
The petitioner said the report was based on "non-existent facts" and there was no breakdown of the constitutiol machinery in the state.
"The Governor's report for imposition of president's rule, its acceptance by the cabinet and subsequent recommendation to the president is based on non-existent facts, actuated by malice in law and facts and there exists no constitutiol breakdown which necessitates imposition of the president's rule," the petitioner said.
"We've submitted a memorandum to the President and requested him to look into the matter. We briefed the president about it. Whatever questions he had, we replied to him as well," Congress leader Kapil Sibal said after a party delegation met the president and submitted a memorandum on the issue.
The Congress leader also accused Aruchal Governor Jyoti Prasad Rajkhowa of violating the constitution. "A governor who creates the crisis himself says there should be President's Rule in the state," he said.
"On one hand, you are responsible for creating such a situation in the state, and on the other you request the union government to impose President's Rule. Both cannot go hand in hand," Sibal added.
The Congress leader said the recent happenings in Aruchal Pradesh were "politically motivated", involving the Bharatiya Jata Party, its president Amit Shah and Rashtriya Swayamsevak Sangh.
"A taped conversation is a testimony to the fact. We have submitted the tape to the court. They have created a conspiracy to destabilise the border state so that their government can be formed there," Sibal said.
"They even tried to bypass the court on this issue," he said.
Leader of opposition in the Rajya Sabha Ghulam bi Azad, who was also part of the delegation, said: "We will fight this (rendra Modi's) government in court, in public and in parliament. Their agenda is not only to destabilise the Congress government (in Aruchal Pradesh) but all opposition-ruled states. It is an onslaught against all opposition-ruled states in the country."
Before the Congress team went to Rashtrapati Bhawan, Home Minister Rajth Singh called on the President to explain the ratiole behind the Union cabinet's recommendation for central rule.
The BJP defended the government's decision, saying it had to intervene because the crisis in Aruchal Pradesh amounted to violation of the Constitution's Article 174(1) which prescribes that there should not be a gap of more than six months between two sessions of a state legislative assembly.
BJP spokesman Sudhanshu Trivedi said: "It is wrong. Blaming the Centre for the crisis is unnecessary. This crisis is Congress's interl problem."