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Tuesday, Aug 23, 2005

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Court to hear plea to make Governor report public

Legal Correspondent

Bench asks Attorney-General to keep it ready on August 30

NEW DELHI: The Supreme Court will hear on August 30 a plea that the Bihar Governor's report recommending dissolution of the Assembly be made public.

A three-judge Bench comprising Chief Justice R.C. Lahoti, Justice G.P. Mathur and Justice P.K. Balasubramanyan on Monday decided to hear the application after senior counsel Soli Sorabjee, appearing for one of the petitioners, sought a direction to the Centre to make available a copy of the report.

Mr. Sorabjee said that in the Bommai case it was held that the Governor's report could be judicially scrutinised. For a proper appreciation of the report, he needed a copy.

Attorney-General Milon K. Banerjee and Additional Solicitor-General Gopal Subramaniam claimed privilege for the Governor's report and said the Government would produce it for perusal by the court but could not make it public. In the light of this submission, the Bench asked the AG to keep ready the report. If necessary, the court would examine it on August 30 and decide whether it could be made public and subjected to judicial scrutiny or not.

When Mr. Sorabjee wanted notice issued to the Governor as allegations of mala fide were raised in the petition, the Bench said although it was of the prima facie opinion that notice could not be issued to a Governor, in view of the bar under Article 361 of the Constitution, it would decide that day whether or not the notice could be issued in this case. On August 30 the Bench would hear a plea seeking stay of the Bihar elections during the pendency of petitions challenging the dissolution.

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