Article 370 Case : Live Updates From Supreme Court Hearing [Day 9]

Ramakrishnan: The whole world was aware of this. We cannot sit in an ivory tower and behave that it never happened.

Justice Kaul: This is a post facto statement.

Ramakrishnan: Yes, only on that level you may consider it.

Ramakrishnan reads from the transcript of the Wire interview given by Satyapal Malik (governor of J&K)

Ramakrishnan: He had no idea on the night of August 4 of what was coming. And he has given concurrence like this?

Ramakrishnan: Here is a Governor who gives video interviews. I'm aware that a newspaper report is not evidence on itself. But this is a video interview given by the Governor who dissolved the public assembly.

Ramakrishnan: He gave this interview to the Wire.

SG Mehta: This is an impleadment filed in 2022. Never listed, first time being listed. That's why I'm intervening.

Ramakrishnan: This power under 356 which is really subject to a post appraisal by state legislature- this power is ironically used to destroy all possibilities of a state legislature.

Ramakrishnan: In this state or affairs, there is a proclamation of president's rule and the President usurps the power of the State government under 370(1). It is not permissible under Art 356 because he can only take over functions of state govt.

Ramakrishnan: By 8.16 this is done and by 8.57 we are notified that the house has been dissolved? What earthly reason does the governor have to dissolve?

Ramakrishnan: 56 out of 87 MPs stake the claim. Governor is not there. It is on record that secretary has acknowledged the WhatsApp message. He doesn't answer phone, fax doesn't go through. He is informed on WhatsApp and a public tweet tagging governor is issued.

Ramakrishnan: 56 out of 87 MPs stake the claim. Governor is not there. It is on record that secretary has acknowledged the WhatsApp message. He doesn't answer phone, fax doesn't go through. He is informed on WhatsApp and a public tweet tagging governor is issued.

Ramakrishnan: Then what earthly reason had the governor to dissolve the house within 30 mins of two political saying that we're ready to form the government?

Ramakrishnan provides with a brief run up of facts.

Ramakrishnan: Governor's rule was imposed because one party had withdrawn and no other political party was ready to form the government. This is why the rule was imposed, not because of any security issue or danger.