Challenges High Court verdict in the apex court
THE ONGOING face-off between Raj Bhawan and the Allahabad High Court assumed greater dimensions today as the Union Home Secretary filed a Special Leave Petition (SLP) in the Supreme Court challenging the Allahabad High Court’s verdict nullifying Governor TV Rajeswar’s orders with regard to transfer and suspension of his additional legal advisor Pradeep Dubey.
According to Additional Solicitor-General Gopal Subramaniam, the SLP would come up for hearing on Tuesday. Union Home Secretary V K Duggal decided to file the SLP as the five-judge bench of the Allahabad High Court, while giving its verdict on Friday, had issued notices to him too.
The HC had also asked Principal Secretary to Governor Luv Verma to appear before it on July 4, 2006 along with all records pertaining to Dubey, who has been placed under suspension for violating transfer orders. A departmental inquiry by a sitting high court judge has also been ordered against Dubey.
Others who had been issued notices include chief secretary, principal secretary, Law, registrar general of Allahabad High Court and Dubey. Duggal was not available for comments. Sources said chief secretary to the State Government NC Bajpai and Luv Verma have been made proforma parties in the case. “The five-judge bench had ordered that all communications, orders letters emanating from Secretariat of His Excellency the Governor of Uttar Pradesh to the extent they nullify, cancel the relieving and suspension order of additional legal advisor be treated as otiose, ineffective and inoperative.”
The Governor, meanwhile, has not relieved Dubey, who continues to work as his legal advisor. Dubey, according to sources, has also been holding consultations and is awaiting the outcome of the SLP before making up his mind about his future course of action. The Governor, along with his Principal Secretary, had left for New Delhi on Sunday.
According to sources, the Governor also held consultations with legal luminaries the whole day. He also reportedly has apprised President APJ Abdul Kalam, Prime Minister Manmohan Singh and Union Home Minister Shiv Raj Patil about the unfolding developments in the case.
Senior Advocates of the Supreme Court are likely to appear before SC on Tuesday as serious constitutional issues are involved in the case.
Meanwhile, Advocate General SMA Kazmi rushed to New Delhi early this morning to make the State Government’s viewpoint clear on the issue. When contacted Kazmi said he had nothing to do with the SLP and he was in Delhi with regard to some other important case.