Uddhav Thackeray vs Eknath Shinde : Live Updates From Supreme Court In Shiv Sena Case [March 14]
A Constitution Bench of the Supreme Court will continue hearing today the cases related to rift in Shiv Sena.A bench led by CJI DY Chandrachud will hear the matter. Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha are the other members of the bench.The bench started hearing the matter on merits from February 21. On February 16, it had decided to defer a decision on the...
A Constitution Bench of the Supreme Court will continue hearing today the cases related to rift in Shiv Sena.
A bench led by CJI DY Chandrachud will hear the matter. Justices MR Shah, Krishna Murari, Hima Kohli and PS Narasimha are the other members of the bench.
The bench started hearing the matter on merits from February 21. On February 16, it had decided to defer a decision on the preliminary issue of larger bench reference by choosing to determine it along with the merits of the case.
Senior Advocate Kapil Sibal completed his submissions for the Uddhav side over three days. Senior Advocate Dr.Abhishek Manu Singhvi commenced his arguments for Uddhav side on February 23. Reports of the previous hearings can be read here, here, here, here, here, here, here, here and here.
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CJI: Best if you & Dr Singhvi can...
Sibal: May not be possible. Your Lordships have been so very patient with all of us.
CJI (to Sr Adv Devadatt Kamat): Ten minutes on the clock for you.
Kamat: Alright.
CJI: 11 AM tomorrow.
Bench rises.
Sibal: You could tell me which areas need clarification, & I will answer.
CJI: You can start your rejoinder, & if we feel you can go to the next point, we will tell you.
Sibal: No issues.
CJI: Mr Sibal, how long will you take after that? Between you & Dr (Abhishek Manu) Singhvi...
Sibal: I'll take the end of the day because 5 days have been taken this side.
CJI: But, we will have to wrap it up...
CJI (to Solicitor-General): Mr Mehta, how long will you take?
Mehta: One hour...maybe 5-10 mins more.
CJI: We will give you an hour tomorrow between 11 AM and 12 noon.
Singh concludes, "The only thing that survives is whether the Rabam Nebia decision needs to be referred to a larger bench. Nothing else survives, it is only academic, especially when gentleman concerned did not face the confidence vote."
Singh: I will read few portions of the decision of this court in Yediyurappa & thereafter shall sit down immediately.
Everyone on the bench starts laughing.
Singh reads out from the judgement.
Singh: ...Abuse of the process. And they are raising it to a deemed disqualification.
Narasimha J: You are on merits, in sense that speaker could not have gone into this issue.
Singh vehemently disagrees.
Singh: When there is no whip, can 2(1)(a) be invoked by speaker with respect to two meetings of the party & not a vote in the house...Impermissible...Usurpation of non-existent jurisdiction.
Singh: One of the rights of elected candidates is to speak against own party if need be. Can this be curtailed totally in name of party discipline & embarrassment. Should this be eliminated? (Refers to Kihoto Hollohan)
Singh: Suggestion that there is something called deemed disqualification, which is contrary to our constitutional scheme, is preposterous & does not deserve to be entertained even as an argument.