The Centre on Friday justified before the Supreme Court the imposition of President's rule in Arunachal Pradesh, 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" daily.
The affidavit, filed by Ministry of Home Affairs, alleged that Chief Minister Nabam Tuki and Speaker Nabam Rebia have been playing "communal politics" against Governor Jyoti Prasad Rajkhowa, who in his reports had recommended imposition of President's Rule in the state by elaborating the sequence of events leading the Congress government becoming a minority.
"Chief Minister Nabam Tuki and Speaker Nabam Rebia, both belonging to same community, are playing communal politics by inciting, provoking and funding students of a particular community and other communal organisations against other tribes and the Governor by referring to his Assamese roots," it said.
"Even the Raj Bhawan premises was under siege by the supporters of Nabam Tuki and Nabam Rebia for several hours as the district administration and the police did not enforce the prohibitory orders and not even a single arrest was made," the Centre's affidavit stated.
Elaborating indicators of constitutional breakdown, it said the Governor's letters/references to the Chief Minister on matters of public importance, concerning state administration are mostly not responded to in violation of Article 167(b) of the Constitution.
The affidavit settled by Attorney General Mukul Rohatgi, who was asked by a five-judge Constitution Bench, headed by Justice JS Khehar, to respond to the petition challenging the imposition of central rule, said, "there is no effective administration in the state and the government is not functioning as per the Constitution in the state."
"The Governor, who is the nominee of the President of India, is being publically insulted, humiliated and even gheraoed by the supporters of the present government and the state administration is a silent spectator.
"Gherao, at the instance of the political executive, of the Governor, who is the nominee of the President, amounts to constitutional breakdown in the state," the affidavit added.
The affidavit said, “the assembly session which took place on December 16 last year has been disputed by Nabam Tuki and his supporters. “
“Whether this Assembly sessions is valid or not is under litigation in this court. In this eventuality, this court rules in favour of interpretation that this assembly session was not valid then in any case there will be constitutional breakdown because the requirement of Article 174(1) would have been breached.
“On the other hand, if this court holds that the December 16 (session) was valid then it is clear that the current government is in a minority and is not allowing the testing of the majority. Therefore, in either case, the state is heading for a constitutional crisis....,” the Centre claimed.
The affidavit said the CM has not kept the Governor informed on state’s development agenda, programmes, projects, schemes etc.