Apex court notice to Goa CM

The Supreme Court today issued notices to Goa Chief Minister Pratap-singh Rane and the state government in a petition moved by the former Chief Minister Manohar Parrikar challenging Governor SC Jamir's action in dismissing the government earlier this month.

The Bench headed by Chief Justice RC Lahoti, however, declined to stay the dismissal of the Parrikar government. When Soli Sorabjee wanted the court to restrain the new government from taking major decisions, the chief justice observed that such decisions could be brought to the attention of the court and they could be overruled. The court, he added, could not stop the working of the Assembly.

Detailed arguments in the matter will be heard on Monday after getting the government's reply.

Sorabjee termed the governor's action as "patently illegal" and the Congress government was sworn in within hours of the dismissal of the old one. He could have asked for another vote in the Assembly instead of displaying "indecent haste", and "partisan behaviour", he said.

He also stressed the Speaker's decision on the floor test was final, according to the anti-defection law. The opposite side was represented by FS Nariman, who submitted that he would file the reply this week.

Air Force: The Air Force today informed the Supreme Court that it would take back Air Vice Marshal Harish Masand, who retired on January 31, 2004 amid a controversy in which the Delhi High Court intervened and passed critical remarks against the force.

Solicitor-General GE Vahanvati told the Bench presided over by Justice YK Sabharwal that the central government wanted to end the discussion on the subject by creating a supernumerary post, which would allow him to serve till January 31, 2006.

Masand had challenged the exclusion of his name from the list of four air marshals promoted from the rank of air vice-marshal. While the high court passed an order against the Air Force, the latter appealed to the Supreme Court.

Haryana teacher: The apex court today summoned CBI director US Mishra in the case of whistle-blower Sanjeev Kumar, who exposed the scam in Haryana regarding the appointment of teachers by the OP Chautala government.

The chief justice also provided him interim protection when the court restrained the CBI from arresting or filing FIR against him. The chief justice said instead of making raids at the IAS officer's residence, the CBI should have investigated the main complaint regarding the appointments.

The main matter is pending before the court and the investigations are yet make progress in that case. Court-appointed senior counsel Anil Divan submitted that if a whistle-blower like Sanjeev Kumar was hounded like this, no one would come forward in future to expose corruption.

POTA panel: The Supreme Court today vacated a Gujarat High Court stay on the functioning of the central POTA committee headed by Justice SC Jain and directed the high court to dispose of a petition challenging the constitutional validity of the committee within seven weeks.

The committee shall, however, not pronounce any final order in the matters pending before it till the high court decides the issues raised in the petition.