Supreme Court to continue hearing contempt plea by Trinamool Congress alleging violation of Top Courts directions for free and fair elections in Tripura.
SG: The HC was already seized of the matter & your lordship order is Nov 11 on the ground that the HC was on vacation. Similar petition wrt poll violence came here for WB poll also & the same was relegated to the HC.
DYC J: Our concern was for the elections to take place securely. Joint report says that 2 additional companies were provided.
Sankaranarayan: But later.
SG: On the NDOH on Oct 7, it was petitioner's Adv who had sought adjournment and thus it was adjourned for 11th. However before the matter was taken up on 11th, the petition was preferred before this court seeking identical reliefs having the matter adjourned.
SG: I had a meeting with the Ld AG that he had been appearing in the matter & it was only after this court's order dated 11th, that they got the petition dismissed.
DYC J: Mr SG, there are 3 prayers in the petition. We had intervened since the entire process of election is so imp. So far as they withdrew the petition naturally because they can't have 2nd bite of the cherry but for the other 2 prayers, they can pursue it before the HC.
DYC J: Now we can trust the HC with regards to other petitions. SC should not take a part in the other matters wrt to FIR's. The purpose for which we had taken jurisdiction has been served and we can give them liberty to them to approach the HC.
Sankaranarayanan: The entire election process has been reduced. 112 seats were non contested.
DYC J: Mr Sankaranarayanan, you would have looked at the judgement that I had written which was related to your party in the elections.
DYC J: We had set aside a lot of directions what were passed by the HC.
DYC J: Identically If a candidate was not allowed to file nomination, an election petition can be filed.
Sankaranarayanan: I am not aware as to what happened in the Bengal petition. Here is a diff situation. 3 orders were passed by the DGP and SP.
DYC J: Sauce for the goose is sauce for the gander.
Sankaranarayanan: We thereafter filed an application and additional documents. There is a chart as to how is everything is there in our proceedings, the FIR's, the incidents. Please see page 1 upto page 6 there are references which came before your lordships.
Sankaranarayanan: 15 incidents have been set out to show candidates bleeding from the head and in each it has been noticed that none has been arrested. This had compelled us to approach the Court.
Sankaranarayanan: On 23rd, an order was passed. Senior Counsel further reads the directions issued by the court in the order dated Nov 23.
Sankaranarayanan: There were broadly 3 aspects:
1. For requisitioning more companies in case there was some need
However the order was passed for deploying 2 further companies
DYC J: Now if we go back to your prayers, the other prayers... please read the same.
Sankaranarayanan reads the prayers in the writ petition
DYC J: 1,2 and 5 were pending the electoral process and 3 & 4 were for security. That is why we're saying 3 & 4 can be dealt by the HC.
SG seeks court's permission to take the matter tomorrow as he's appearing in a part heard matter before the bench of Justice AM Khanwilkar.
DYC J: Tomorrow, the bench will not be available. We'll take it up on Tuesday morning.
