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Live Updates Supreme Court hearing the plea by BJP law makers, led by Ashish Shelar, challenging its resolution suspending 12 BJP Members [LIVE UPDATES]

Supreme Court BJP Ashish Shelar suspending BJP Members

Jan 11, 2022

Sr Adv Aryama Sundaram: can we argue next week

SC: We have begun the hearing and we will not stop it. You can send the hard copy of judgments to our residences.

Matter to resume at 2 pm

Sr Adv Siddharth Bhatnagar argues: if seats are allowed to be vacant then it has a major effect on the democracy. This is worse than expulsion. Govt can also manipulate the majority

Sr Adv Aryama Sundaram: legislature is never subject to jurisdiction of the court when it comes to procedural irregularities. It is beyond the jurisdiction in Article 212.. If the Status of those rule is that it is not statutory, it is only procedural.

SC: It is not only about procedural but also jurisdictional. cant the court go into this?

Justice Khanwilkar: if this unprecedented decision is upheld, it will set a dangerous precedent according to the other side

Sundaram: What has been done is within the constitutional powers and substantive power. i too have followed the arguments

Sundaram: legislature is acting within its legislative competence.

SC: Article 241 obligates the framing of rules. assuming its not statutory rules, it does mean house will function without any guidelines. If it wants to depart it has to say that it was done consciously

Sundaram: there is no requirement for legislature to give reasons/ the moment the court looks into reasons, the court is deciding the matter in judicial review.

Sundaram: i know i am making an extreme argument but this is what i am arguing based on my reading of the constitution.

Jan 11, 2022 Matter to resume post lunch

Jan 11, 2022

Jethmalani: twelve MPs were suspended in Rajya Sabha, they were done so for the reminder of the session. There is the constituency and constituent rights as well. That is why disorderly conduct is only for a session.

SC: Once we go into the unsubstantiated, we will have to go into the merits of the allegation and ask the other side

Jethmalani: Where there is CCTV camera, at least refer to that. Rajya Sabha, CCTV was mentioned in the resolution passed

Jethmalani: the mandatory CCTV was not even used in our case and the proceeding was so perfunctory and unfair.

SC: one year excessive is separate argument and th question is if the withdrawal can be ordered on the same day by the speaker

Jethmalani: then we go to speaker

SC: Dont go back and forth. we have already noted that point

Jethmalani: your lordship has to safeguard the sanctity of these proceedings. streams of justice has to be ensured and this cannot happen unfairly. otherwise every majority of members will rub against the minority. else why have rule book in parliament?

Jethmalani concludes his submissions

Sr Adv Mukul Rohatgi begins: any modicum of natural justice was violated. unless natural justice is excluded civil consequences follow if such principles are not followed. thus the act of the house is null and void

Rohatgi: speaker as a master of the house is entrusted to maintain order in the house. house and speaker is bound by the rule book. house does not have any punishment power.

SC: if we accept your submissions then house management by the speaker will become impossible

Sr Adv Neeraj kishan Kaul: today to say that this court does not have jurisdiction to deal with this challenge is not correct just by saying that the house is sovereign and immune to judicial interference

SC: When it is the question of impromptu maintaining order of the house then where is the question of prior notice ?

Kaul: then that would depend on facts of the case. speaker recognizes that there was a heated exchange that day, thats why video evidence is important

Supreme Court is hearing the plea by Bharatiya Janata Party (BJP) law makers, led by Ashish Shelar, challenging its resolution suspending 12 BJP Members of Legislative Assembly (MLAs) for a year

Adv Rahul Chitnis: I am led by Sr Adv Aryama Sundaram. an application has been made by them before the chairman of the assembly. yesterday hearing was given to them. we have also filed a counter

Matter passed over as petitioners counsel Senior lawyers Mukul Rohatgi and Harish Salve are appearing before other courts

Sr Adv Sundaram for Maharashtra:we have filed translations of the hearing which was given. assembly is not sitting now & this can be heard after three weeks. End of February is the next session. yersterday written representations was filed before chairman and he will pass orders

Sr Adv Mahesh Jethmalani appearing for petitioner: What mr sundaram is saying is factually incorrect. we were asked to appear before the deputy speaker and the resolution was passed by the house so there is no meaning in dy speaker hearing us.

Jethmalani: we informed that resolution passed by house has to be revoked by the house. there is no role of deputy speaker. there is no power to suspend MLAs beyond the session of house. this is manifestly arbitrary

SC: If you dont want speaker to decide then amend your petition and we will take a call.

Jethmalani: here the house has taken a call which is against the principles of natural justice.

Sr Adv Sundaram: please defer it by a week, heavens will not fall by then

Jethmalani: It has already fallen !

SC: If the act of parliament can be challenged, resolution can also be challenged.

Sundaram: i am just saying let us see what assembly decides

SC: but speaker cannot decide it since decision is by the house

Jethmalani: without these 12 MLAs all decisions are being taken and number game is very important. the absence of MLAs is undermining the numerical strength of the house.

Jethmalani: resolution is passed by minister of parliamentary affairs. Mr Anil Parab moved the resolution. it was said the house resolved to suspend the MLAs for a period of one year and restrained from entering the premises of vishan sabha in mumbai and nagpur.

Jethmalani: this is not an act of speaker and the speaker only had put to vote and the resolution was passed by the house

SC: What is the sequitur of these facts . please formulate your points


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