Thread by @utkarsh_aanand

#AGR matter being heard by a bench led by Justice Arun Mishra: "Are we fools?" the judge asks SG Tushar Mehta while coming down heavily on the Govt for their proposal to reassess the dues owed by the telecom companies, incl #Vodafone & #Airtel |@News18Courtroom

"Do the DoT officers think they are superior to us? Are these companies untouchable? Everyone has been trying to influence us... Newspapers are having articles after articles but we won't budge," Mishra J goes ballistic. He asks DoT first fought tooth & nail but now dragging feet

#SupremeCourt makes it clear in its order taht there won't be any reassessment/ re-assessment of the #AGR dues. All telecom companies will have to pay the dues with interest & penalty, as ordered in the main judgment.

#AGR case: About the Govt's proposal of 20 years time for the telecom companies to clear the dues, the #SupremeCourt will hear the matter on a later date.

#MadhyaPradeshPoliticalCrisis matter taken up again, Sr adv Dushyant Dave says Rohatgi shouldn't have taken up #AGR case while forcing others to wait for 45 min at a time of #CoronaOutbreak.
He adds Governor can send missives in the night but this court isn't bound.

Dave starts arguing first the plea by the #Congress for 'release' of 16 MLAs. He says MLAs are expected to serve in their constituencies and aren't supposed to get up one day and say they want to resign.

#MadhyaPradeshPoliticalCrisis

Dave looses his cool again as Rohatgi says he wants to put out one facts: "This court is at your mercy. You keep everyone waiting for 5o min, then you come in and say you want to interrupt. And then you say you are the top lawyer of this country."

#MadhyaPradeshPoliticalCrisis

Court shouldn't thwart the collective responsibility of the cabinet to the legislature is what we are also concerned about: Chandrachud J says in the #MadhyaPradeshPoliticalCrisis matter.

Dave cites principle of constitutional morality, adds BJP has used force and might invariably to destroy democratic principles. You use this power to destroy opposition. Congress mukt Bharat is what PM says. But court has to decide if this is the kind of democracy envisaged.

#Congress seeks reference of the #MadhyaPradeshPoliticalCrisis matter to a #Constitution Bench and urges Court not to pass any order till the final hearing.

Dave questions actions of Governor. "Is this how the august office is supposed to function? Governor says I am
Confident you have lost majority. How is he confident without hearing anyone? If the #CM says his MLAs have been kidnapped, he should say 'Mr BJP..bring all MLAS here,

#SupremeCourt inquires about resignation of the MLAs. AM Singhvi informs resignation of 6 ministers have been accepted while other 16 fall in a different category.

Their only attempt is to delay. Don't forget your midnight hearing, Mukul Rohatgi tells Congress lawyers.

SG Tushar Mehta, on behalf of the Governor, submits that the Governor first accepted the resignations of the six persons as ministers and thereafter their resignation as MLAs was accepted by the Speaker. CM had written to the Governor for accepting their resignation as ministers.

The most fundamental issue today is how can Governor direct for a floor test? He is nobody to decide this: Dave argues on behalf of the #Congress.

#MadhyaPradeshPoliticalCrisis

Dave: A MLA must go back to electorate and win election again

Justice Hemant Gupta: That's what they are doing. They are giving up on their membership and may go back again to voters.

Dave: That's a very limited interpretation..

#MadhyaPradeshPoliticalCrisis

"Heavans aren't falling that Congress Govt must go immediately and Shivraj Singh Chouhan's government must be saddled on the people," adds Dave.

Dave: "Don’t read in isolation. There should be fresh election. Let them face re-election and then face trust vote. You have engineered this. My petition raised a frontal attack that you have launched a conspiracy... I appeal with folded hands. This isn't so simple.."

"This court hasn't gone into the aspect of constitutional morality in any of the judgments before. Issue notice and hear it at length on some other day, "Dave concludes.

AM Singhvi asks for some time to file affidavit, Rohatgi opposes it vociferously, adds he wants interim order today.

Rohatgi attacks Congress, says the
petitioner is the same party that killed democracy in 1975 by invoking emergency.

#MadhyaPradeshPoliticalCrisis

It is the lust of power because of which all these lofty arguments are being made.

It is unheard of that a person who has lost majority and cannot continue even for a day, says he wants to continue for 6 months, there should be re-election and then a trust vote: Rohatgi

Chandrachud J: Speaker has to accept the resignation first. It isn't like resignation of a judge where he resigns in his own hands. Speaker has to satisfy himself after an inquiry. The judges indicate they also have something in their minds about this case. Lunch break till 2

Heading resumes, Justice Chandrachud observes: They say 16 have been whisked away to Bengaluru. We can't compel MLAs to attend the proceeding but what we can do is to ensure they can take their own decision. That's the duty of a constitutional court.

Chandrachud J: We aren't saying they are held captive. Our concern is to allay this apprehension.

It is their choice whether they want to enter, comply with whips etc. But certainly, when allegation is that they are being held in captivity, we have to see they are at free will.

Rohatgi: We have been on camera saying we are free. You can't prove anything in negative. We don't want to come. Speaker can do whatever he wants to do. We won't come. We have already resigned.

#MadhyaPradeshPoliticalCrisis

The only question is whether Governor's mandate had to be followed or not. 22 MLAs resigned, Governor was informed. Didn't he have enough reasons to come to a prima facie conclusion? Rohatgi submits in the #MadhyaPradeshPoliticalCrisis

If that's a reasonable view to take, that's the end of the matter. Nothing then warrants this court to interdict the direction of a constitutional authority: Rohatgi to the #SupremeCourt as he continues reading out from Bommai's judgement.

#MadhyaPradeshPoliticalCrisis

Rohatgi also cites letters that the Governor received from the rebel MLAs and makes the point that how could the Governor be wrong in taking the prima facie view that a floor test was a must.

#CoronavirusOutbreak

Chandrachud J again rakes up the affidavits filed by the rebel MLAs.

How does a court ensure that there is a free exercise of choice that thee members can make. As a constitutional court, we also have to discharge our duties. What can be the modalities to ensure it?

We can't say that we have seen it at TV and so we are certain. We are a constitutional court and we have to ensure this. Governor might consider several things and then reach a conclusion but we are a constitutional court: Chandrachud J

#MadhyaPradeshPoliticalCrisis

SG Tushar Mehta appears for Governor: Normally, a Governor's satisfaction should be enough for this court. Hate speeches are being played in the open court. Press conferences of these 16 can be played out too.

#MadhyaPradeshPoliticalCrisis

We only have to ensure that these 16 can exercise their will freely. If they choose to come, they should have free, unhindered and uninterrupted access to the assembly. They should be genuinely free in deciding whether to come or not to come: SC remarks.

#MadhyaPradesh

AM Singhvi appears for Speaker: SC tells him that these 16 could tilt the balance this way or that way.We are thinking as to how we can ensure an order with teeth.They must have free unhindered access to the Assembly.

#MadhyaPradeshPoliticalCrisis

Rohatgi offers to produce all 16 rebel MLAs in judges' chamber, judges say no to it.

Then let Registrar General of Karnataka High Court could go and meet them tomorrow and video record everything, says Rohatgi.

#MadhyaPradeshPoliticalCrisis

Rohatgi cites all previous cases of midnight hearing, Sunday morning when Congress pressed for immediate floor test.

He adds how can a political party ask in a petition for access to MLAs. How is the petition maintainable?

Sr adv Maninder Singh appears for the 16 rebel MLAs. He starts by saying there is no principle of law to compel them to meet anyone.

"We aren't abducted. We are also producing this evidence in a CD to the court," he adds.

#MadhyaPradeshPoliticalCrisis

Rebel MLAs to SC: What is the corresponding duty on the Speaker for accepting the resignation? Can he sit on the resignation? Can he be choosy that he'll accept some, not accept others because a political game is going on?

Singh says he supports that a floor test is a must.

If their contention is to be accepted, the right to resignation won't be there at all, says Singh, adding can the Speaker say I will sit over your resignation but will issue a whip to you so as to make you fall foul of Schedule Ten.

#MadhyaPradeshPoliticalCrisis

AM Singhvi is now arguing for the #MadhyaPradesh assembly speaker, asks will this court should circuit the discretion of the Speaker in a running assembly?

The fundamental fallacy in their submission that the Governor has the locus. It is the Speaker that alone has the locus.

Singhvi: One most important point ignored is that it is a running assembly and not a fresh or a new assembly. And this court will never interfere with the Speaker's discretion in a running assembly. All cases cited by them were of new assembly.

#MadhyaPradeshPoliticalCrisis

Singhvi: It is a kind of jugaad that they are trying to do.

In a running assembly, you bring a no confidence but not some indirect plea for a floor test.

How can Governor interfere with the Speaker's powers without paying heed to the rules of the assembly?

Of 19 resignation letters, 7 have been written by one person, signed by different MLAs. And 2 have written 6 each. Letters are almost identical and has two lines each: Singhvi

#MadhyaPradeshPoliticalCrisis

Judges: Why don't you accept their resignation? Cannot he be disqualified automatically then?
You can very well reject the resignation if you aren't satisfied. When you speak of Jugaad, why didn't you act on their resignation letters?

#MadhyaPradeshPoliticalCrisis

Judges aak: You postponed the Budget sessions on March 16th. How will a state function when you don't even pass the budget? And it isn't that you didn't meet that day. The assembly was called on that day and then adjourned.

Singhvi: It was adjourned due to #Corona.

It is a camouflage petition. Don't go by their prayers. They want to short circuit the Speaker's discretion. Governor cannot ask me how I conduct the assembly. No power on earth can do that: Singhvi

#MadhyaPradeshPoliticalCrisis

Chandrachud J ask Singhvi : Will you decide their resignation if they appear before you tomorrow?

Singh : We don't want to appear before the Speaker. It is a question of our safety. Let them decide it tomorrow.

#MadhyaPradeshPoliticalCrisis

Chandrachud J: A latest judgement asks a Speaker to decide quickly. Tell us when will you decide?

Singhvi: I don't want the Speaker's discretion to be curtailed. I can inform about it tomorrow morning.

Chandrachud J: In all these orders that this court has passed, the only concern has been let there be no horse trading.

Singhvi: How can there be horse trading when the horses are already under their captivity.

#MadhyaPradeshPoliticalCrisis

Sibal: I'm a member of the Congress, I'm the CM, they (rebel MLAs) are congressmen, I want to meet them.

Maninder Singh: We don't want to meet you.

Chandrachud J: There is a problem with your plea for access, this is not like the custody of a child.

#SupremeCourt says no to sending Registrar General to meet the rebels or having a video chat with them.

Matter adjourned for tomorrow at 10.30 am.

#MadhyaPradeshPoliticalCrisis