"From where is this flight going - “VIDP Delhi”, one of the most High Security area.
This means, the centre has given the permission, they are not allowed to meet anybody, not allowed to be anywhere, crouched in a hotel, is this the new definition of a free man?" Sibal
Sibal states that that the SC has never ordered a floor test in a running assembly before.
Sibal now taking the bench through UOI vs. Harish Singh Rawat to substantiate and assert that special session was called.
Even in the Parekar Case, this had been done, he says.
Even in the Jagdamnba Pal case, wherein I argued for Pal, the floor test was conducted after both sides were agreeable : Sibal
"Lets presume they are free, then why not come and vote?
Not being free is apparent, as the representatives of BJP have picked them up and manhandled them, this has far-reaching consequences vis-à-vis the basic tenets of the Constitution", Sibal for MP CM Kamal Nath.
"They say, there is no majority, i say there is coercion. Both issues at hand, cannot be decided under Article 136 of the Constitution.
Constitution must be interpreted so as to make it work, not to topple a democracy" - Sibal.
"There are indeed, constitutional sins but no sins in politics. No one goes to their resort on a chartered flight. What prevents them from coming to the house and voting against us?" Sibal
Sibal contends that the current situation is unprecedented. Says if somebody doesn make a claim, how does the governor make a conclusion that the Govt. has lost majority? This has never happened before
Bench assembles
Senior Advocate Kapil Sibal begins -
“This is a very unique case.
No body has claimed before Governor that there is a majority. Also, this is the first case in the history of india where Governor is seeking a floor test when the house is in session”
“At the base you may call it a floor test, but are you not infringing 192 and violating all ethos of the Constitution?”
Singhvi Concludes.
Bench rises for lunch break.
Hearing to resume at 2 PM.