Dave: He has not denied that the statements spoken by the MP are untrue. There are 11 grounds in his SLP and none of them deny the statements. This has to be taken into account by the competent court. Whether he is guilt of sedition, all of this will have to be done into by trial
Dave: Judge Cardozo has said two hundred years ago that weekly changes in Benches should not reflect in the orders.
Dave: The High Court’s judgment cannot be faulted because they have not decided the matter on merits and therefore it does not warrant interference.
Dave: The petition deserves to be dismissed on the basis of the Gujarat Society case. Further, this petition was moved under Art. 136 and if alternative remedies are available, they cannot move the Court under this remedy.
Sr. Adv. Dushyant Dave commences his submissions for State of Andhra Pradesh.
Dave: We will not contradict the report of the Army. We have immense respect for the Army. But, that report is inconclusive and does not conclude any injuries of gravity.
Rohatgi: This is a matter of serious proportions and has come to light only because your timely intervention in the form of medical examination. Please grant him bail and order CBI investigation. Thank you.
Rohatgi: Last but not the least. The Court should take suo moto cognisance of his injuries and direct CBI to investigate. I will move the Court thereafter for compensation.
Rohatgi: 1) The ground of sedition is completely bogus. 2) This is mala fide. 3) Torture at the instance of State police. I respectfully submit that not for one moment should this man be allowed to be retained in custody of State policy. He should be immediately granted bail.
Rohatgi: Kedar Nath Singh is a 1962 judgment where the Constitution Bench explained what is sedition. This is followed by two judgments. But this is the basic law.
Rohatgi: Calling people to arms ? This was a British relic. The idea is to have a call to arms to overthrow the government by rebellion. The extracts of the speeches are mentioned in the Reply. They will read it.
Rohatgi: Sedition means to create disaffection and to overthrow the government. That is not here. The basic judgement is Kedarnath Singh.