Thread by @utkarsh_aanand

#Rajasthan hearing commences in the #SupremeCourt.

Sr adv Kapil Sibal, Vivek Tankha, Devadatt Kamath appear for the Speaker.

Sibal starts by saying high court cannot 'direct' the Speaker and hence #Rajasthan HC was wrong in issuirj a direction to the Speaker.

"This is against settled law on this point."

#RajasthanPoliticalCrisis

Sibal reads out from Kihoto Hollohan verdict of the #SupremeCourt in 1992 on the 10th Schedule.

He seeks to make a point that while the Speaker's decision on disqualification is subject to judicial review but not anything that happens before.

#RajasthanPoliticalCrisis

Justice Arun Mishra asks Sibal can't a court intervene when the Speaker suspends or disqualifies a MLA even as the proceedings are pending before the court?

Sibal answers in affirmative. "But only when the Speaker disqualifies or suspends."

No writ can lie to challenge any proceedings prior to the disqualification: Sibal

HC directions are in teeth of the Kihoto judgement, he adds.

Justice Mishra asks Sibal: "Hasn't the High Couet also heard you on this aspect? What are your grounds of challenge? Show us."

#RajasthanPoliticalCrisis

Sibal refers to a recent #SupremeCourt judgement that asked Speaker to decide within a reasonable time frame. This judgement also said there cannot be a protective order preventing a decision on the disqualification proceedings.

#RajasthanPoliticalCrisis

Sibal now reads out the whip issued by Mahesh Joshi asking Pilot, others to attend the CLP meeting.

SC: Is a whip permissible for something outside the assembly?

Sibal: Whip isn't defined anywhere but a chief whip can issue a whip to the party members for attending a CLP.

SC asks Sibal: On what grounds have been disqualification sought here?

Sibal: They didn't attend party meeting. They are indulging in anti-party activities. They gave interviews that they want a floor test. They are in a hotel in Haryana, incommunicado.

SC asks Sibal to read out the notices by the #Speaker to 19 rebel MLAs.

Sibal is now reading out the notices of disqualification issued to #SachinPilot and others.

MLAs can't file a petition saying Speaker can't issue them notices. I haven't decided anything yet, Sibal submits in the #SupremeCourt.

#RajasthanPolitics

SC: Has the party expelled them? Why isn't the party expelling them if they are convinced about all this?

Sibal: I am not the party. I am the Speaker.

#RajasthanPolitics

Mishra J: "Can a person elected by the people not express his dissent? Voice of dissent cannot be suppressed ...then democracy will shut."

#RajasthanPolitics

SC: It is the matter of Just one day. Why can't you wait?

Sibal: But how can a court direct ?

SC: So you have problem only with two words. The order everywhere says 'request'.

#RajasthanPoliticalCrisis

Sr adv Mukul Rohatgi, Harish Salve appear for #SachinPilot, other MLAs.

Rohatgi points out that the Speaker himself had given two letters in the HC agreeing for deferment of proceedings but he has not put those letters on record.

#RajasthanPoliticalCrisis

SC asks Sibal: What's your view on intra-party democracy?

Sibal: It is for them to explain. They should come back and say they were in a vacation. They are exercising free speech etc.

SC: Can a whip be issued for attending a party meeting?

Sibal denies Joshi issued a whip for the meeting. "It was only a notice, not a whip."

#RajasthanPoliticalCrisis

But it is about a lot more than just not attending a meeting. It is about their anti-party activities. And as a Speaker, I will have to decide all this: Sibal.

#RajasthanPoliticalCrisis

SC: Let this matter be heard at length. This will require detailed hearing. Your questions require lengthy hearing.
Sibal: So suspend the HC order
SC: But that's what we need to examine
Sibal: But this question will become infructuous

Sibal asks for transferring the HC matter here but court says it can't be done right now.

Sibal now asks for an order to stay the further proceedings before the high court.

#RajasthanPoliticalCrisis

SC seeks responses from Salve, Rohatgi.

Rohatgi questions the political overtones of the Speaker. "If Speaker can himself agree to defer twice, why can't he wait for another 24 hours?"

#RajasthanPoliticalCrisis

SC: These are important questions relating to democracy. How will the democracy function? These are very serious issues. We want to hear it.

#RajasthanPoliticalCrisis

Salve too points out Speaker had deferred the proceedings on his own twice in the past.

He adds issues of jurisdiction and maintainability have been argued before the HC. "Having appeared and argued there, why should he now ask HC not to decide?"

SC: Can we say order of the high court will be subject to the outcome here?

Salve agrees to such an order.

#RajasthanPoliticalCrisis

Rajasthan high court gets a go ahead to deliver its verdict tomorrow.

This will be subject to the final outcome before the #SupremeCourt