NEW DELHI: The Supreme Court on Wednesday has slammed Telangana Chief Minister A Revanth Reddy's alleged statement on the floor of the House that no bye-elections will take place even if BRS MLAs switch sides to the Congress party, observing that he is making mockery of the Tenth Schedule (anti-defection laws).
On March 27, Reddy, while referring to a pending case in the Supreme Court seeking the disqualification of 10 party MLAs who had switched loyalties to the Congress from BRS while invoking constitutionally guaranteed immunity from judicial scrutiny over legislative proceedings, he made it clear that there would be no by-elections in the state.
Reddy reportedly made the statement in the house while responding to concerns raised by opposition MLAs in the state Legislative Assembly during the discussion on the demands for grants for 2025-26.
On Wednesday, a bench of Justices B R Gavai and Augustine George Masih slammed Reddy for this statement in the house.
"If this is said on the floor of the House, your Hon'ble CM is making mockery of the Tenth Schedule," the bench observed.
The court said, something being said in "Ramleela Maidan" by politicians is different from something said on the floor of the House.
"When politicians say something in the Assembly, it has some sanctity. In fact the judgment(s) say that when we interpret laws, the statement of the Hon'ble Minister who has given speech on the floor of the House can be used for interpreting that statute," the bench said.
The court was hearing a plea filed by BRS leaders KT Rama Rao and Padi Kaushik Reddy, seeking timely action by the Telangana Assembly Speaker on disqualification proceedings pending against 10 MLAs who shifted allegiance to the ruling Congress in the State.
The bench also reminded Reddy that he also made some similar statement in the past.
Reddy had made a statement last year in August over the issue of granting of bail to BRS leader K Kavitha and Manish Sisodia, in the cases linked to the alleged Delhi excise policy scam.
Reddy had then reportedly questioned how Kavitha got bail in five months, when Delhi Deputy CM Manish Sisodia got it only after 15 months and Delhi CM Arvind Kejriwal is yet to get it.
During the hearing on Wednesday, senior advocate Aryama Sundaram appearing for petitioners -- KT Rama Rao and Padi Kaushik Reddy -- apprised the court about Telangana CM's statements.
Senior advocate Mukul, Rohatgi, was present in the court for Telangana Assembly Speaker.
The court sought a clarification from him, as it noted that he had earlier appeared for the CM in another matter pertaining to his alleged statement on granting bail to Kavitha and Sisodia.
Rohatgi said he is not appearing for the CM before the bench and contended that the assembly proceedings were not in question in the present case.
"We want that Rohatgi to convey the message to the CM that there shall be no "repeat action"," the bench said, cautioning that it might be slow in issuing contempt notices, but it is "not powerless".
The court also said if the Speaker of an assembly does not act at all, then the courts in this country, which not only have the power but also a duty as guardian of the Constitution, would not be powerless.
