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Guv letters to HC irk apex court

india Updated: Jun 28, 2006 01:29 IST

THE SUPREME Court on Tuesday took strong objection to the "tenor" of the letters written by Uttar Pradesh Governor T.V. Rajeswar to the Allahabad High Court objecting to the court transferring of one of his legal aides.

"The Governor had no business writing such letters. It's in bad taste" and had "aggravated" the matter, a vacation bench, comprising Justices A.R.

Lakshmanan and Altamash Kabir observed, after they were taken through the letters relating to the transfer of Additional Legal Advisor P.K. Dubey.

"The primacy of the High Court in such matters is unquestionable. The HC has a right to recall such officers," the bench said, refusing to interfere with the HC order suspending Dubey for not joining in another post at Lucknow, as directed.

However, in a bid to prevent the crisis from further spiraling, the apex court requested the HC not to proceed with its July 4 hearing on the matter. It also expressed hope that the constitutional functionaries would in the meantime, amicably resolve the issue. The apex court issued notices in the matter to the HC Registrar General, the UP Chief Secretary, the HC Bar Association, the Governor's Principal Secretary and Dubey.

It also referred the matter to the Chief Justice to be placed before a larger bench in view of the important questions of law raised therein. Acting on a PIL filed by the HCBA, a full bench of the HC had summoned the governor's principal secretary for a further hearing on July 4.

The bench had earlier on June 23 upheld Dubey's suspension and directed him to report at Ballia. It had also rendered ineffective orders passed by the Governor canceling Dubey's suspension. Besides, the HC had also issued notices to the Union of India and the Home Secretary as well. The Union had come in appeal against the HC order.

It had contended that under Article 361 of the Constitution, the President and the Governor were not answerable to any court for any exercise of their powers in their official capacity.