Honble Lt. Governor writes to Honble Chief Minister.
Date:
Monday, July 9, 2018
Hon’ble Lt. Governor writes to Hon’ble Chief Minister.
Hon’ble CM has erroneously mentioned about selective implementation of the judgment dated 04.07.2018 of Hon’ble Supreme Court : LG
Hon’ble CM has quoted selectively from my letter: LG
Whenappeals are still pending before the Ld. Regular Bench, it would be premature to draw any conclusions in this regard : LG
Before your letter reached my office, it appeared on social and electronic media : LG
Hon’ble Lt. Governor has written to Hon’ble Chief Minister in reference to his letter dated 09.07.2018. Hon’ble LG has observed that Hon’ble Chief Minister has erroneously mentioned about selective implementation of the judgment dated 04.07.2018 of Hon’ble Supreme Court.
Hon’ble LG has noted that in fact, Hon’ble Chief Minister has quoted selectively from his letter dated 06.07.2018. Hon’ble LG has again drawn kind attention of Hon’ble Chief Minister to para 3 of the D.O. letter dated 06.07.2018 as reproduced below:
“ 3. While the entire judgement and its implications are still being studied, it may kindly be noted that in the concluding paras, Hon’ble Court while answering the reference has directed to place the matters before the appropriate regular Bench. Therefore, further clarity will be achieved when the appeals pending before the Ld. Regular Bench are finally disposed off. ”
Hon’ble LG further stated that in his earlier letter, he had also drawn his kind attention to the sub-clause (3) of Article 145 of the Constitution which lays down that:-
“(3) The minimum number of Judges who are to sit for the purpose of deciding any case involving a substantial question of law as to the interpretation of this Constitution or for the purpose of hearing any reference under Article 143 shall be five: Provided that, where the Court hearing an appeal under any of the provisions of this chapter other than Article 132 consists of less than five Judges and in the course of the hearing of the appeal the Court is satisfied that the appeal involves a substantial question of law as to the interpretation of this Constitution the determination of which is necessary for the disposal of the appeal, such Court shall refer the question for opinion to a Court constituted as required by this clause for the purpose of deciding any case involving such a question and shall on receipt of the opinion dispose of the appeal in conformity with such opinion. ” (Emphasis supplied)
Hon’ble LG mentioned that as appeals are still pending before the Ld. Regular Bench, it would be premature to draw any conclusions in this regard.
Finally, Hon’ble LG observed that before the letter reached his office, it had already appeared first on social and electronic media.
