The Supreme Court on Thursday allowed the Rajasthan High Court to pass the order tomorrow on a petition challenging the disqualification notice by Sachin Pilot and other Congress MLAs. During the hearing of the petition of Rajasthan Speaker CP Joshi in the Supreme Court, the voice of protest cannot be suppressed in a democracy. Joshi had challenged the High Court order to postpone anti-defection proceedings against former Deputy Chief Minister Sachin Pilot and 18 Congress MLAs till July 24. CP Joshi was favored by Kapil Sibal in the Supreme Court. Let us tell you that CP Joshi had filed a petition in the Supreme Court on Wednesday and demanded a speedy hearing, which was denied by the court.
Highlights of hearing in Supreme Court
- Supreme Court said that you (Rajasthan) HC has requested to wait only till 24 July. Speaker's counsel Kapil Sibal said that the order removes the word 'instructions', the court cannot do so. The Supreme Court said that the problem is only with the word? The command contains a 'request'.
Kapil Sibal told the Supreme Court that the Speaker can be asked to decide on disqualification within a stipulated time frame, but the procedure cannot be interfered with.
- Supreme Court said that this is not a simple matter, these MLAs are elected representatives. Trying to know whether disqualification proceedings against MLAs are acceptable. The voice of protest cannot be suppressed in a democracy.
- Supreme Court asked Rajasthan Speaker's counsel Kapil Sibal on what basis were disqualified? Sibal told the court that the MLAs did not attend the party meet, they are involved in anti-party activities. They are demanding a floor test against a hotel in Haryana and their party.
- Justice Arun Mishra asked Sibal whether a person elected by the public could not express his disagreement? The voice of dissatisfaction cannot be suppressed. Can anyone be stopped like this in a democracy?
- Kapil Sibal stated that there cannot be a protective order at this stage. When the Rajasthan High Court extended the time to respond to the notice and said that no instructions would be passed, it was a protective order.
- Speaker's counsel Kapil Sibal said that unless there is suspension or disqualification before a verdict there can be no interference (by the court).
Kapil Sibal, representing the Rajasthan president, argued in the Supreme Court that the speaker could not be 'instructed' and that the Rajasthan High Court issued directions to the speaker was wrong. It is against the law.
Senior Advocate Kapil Sibal, appearing for Rajasthan Speaker CP Joshi, said that the court cannot direct the speaker to extend the time for filing his reply to the MLAs on the anti-defection notices. It is not under the jurisdiction of the court.
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Senior Advocate Kapil Sibal, on behalf of the Speaker, made special mention before a bench headed by Chief Justice Sharad Arvind Bobde for a speedy hearing of the case on Wednesday, but he refused to take a quick hearing.
- Justice Bobde asked that he go to the registry. The hearing will be held as per the Supreme Court registry.
The Speaker has challenged the order of the Rajasthan High Court in which it has stayed the action against Sachin Pilot and 18 MLAs of his camp till Friday.
What CP Joshi said in the petition filed in the Supreme Court
The petition said that the High Court cannot prevent the Speaker of the Assembly from taking action on the Sachin faction. The court's order yesterday creates a confrontation between the judiciary and the legislature. The petitioner has also demanded the apex court to stay the interim order of the High Court. In the petition, the Speaker has also cited the old judgment of the Supreme Court and said that the apex court has said in its earlier judgment that until the disqualification proceedings are completed, the court cannot interfere in the Speaker's action.
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