Thread by @indialegalmedia

Mukul Rohatgi for @SachinPilot : The judgement be read according to the facts. No judgement can be read in vacuum or without the facts. The Kihoto judgement be read according to facts. #RajasthanPolitics #RajasthanPoliticalCrisis #SachinPilot #Congress

Rohatgi Reading Kihoto judgement: the entire emphasis was on defection from one party to other party. When you quote Aaya Ram Gaya Ram, you cross the floor! #SachinPilot

Rohatgi: Powers of HC under 226 are incapable of being curtailed by the constitution or anything else. Its part of the Basic Structure.

Its wider than even article 32. Therefore what the Speaker has argued that Court cannot act, is wrong. #RajasthanPolitics #SachinPilot

Rohatgi Cites 2008 Deepak Bajaj’ judgements on manner of reading judgement by Justice Katju :

Lordships don’t normally take a challenge to detention order unless person surrenders. Alka Gadia was the authority judgement. #SachinPilot #RajasthanPolitics

I am attacking the motive on several grounds.
Please note:

Notice issued the day complaint is made, maybe even in a few hours same day

Rohatgi: The legislative rules of Assembly derive their validity from Constitution, they are not subordinate. They state that on receiving complaint he examines it and is prima facie satisfied, all this was thrown out of the ring. These is nothing on record to showthis was done.

Rohatgi: My lords can reject my case on merits but not based on this.

Normal law under 226, challenge to a show cause notice will be entertained on well known factors like excess of jurisdiction, colourable exercise of power, etc.
#RajasthanPolitics #SachinPilot

Rohatgi for Pilot: And i am saying what has been done is totally in violation of principle of natural justice. Schedule 10 doesn’t allow a show cause on these facts! #SachinPilot #RajasthanPolitics #RajasthanPoliticalCrisis #Congress

Rohatgi cites case of MLA Dilawar, says If there was lockdown till July, what about Dilawar’s case? Was this more important than him? #RajasthanPoliticalCrisis

Rohatgi: The proceedings reek of malafide. And this is done during a pandemic! We are
Amidst covid!

My question What was the tearing hurry?

Rohatgi: The rules say that within 7 days, or such extended period as there may be.
The speaker can therefore extend the time period, and acc to rules procedure is like Court, arguments, cross examination, evidence, etc can be done. #RajasthanPoliticalCrisis #SachinPilot

The Court must ask the Speaker to file a better affidavit answering all the questions raised, Rohatgi @SachinPilot #RajasthanPoliticalCrisis #RajasthanPolitics

Mukul Rohatgi : Historically or ironically, the power should be vested in a neutral tribunal. Cites the Manipur Case, that dealt with the fact that speaker came from a political party. #RajasthanPoliticalCrisis #Rajasthan #SachinPilot #Congress @SachinPilot

Rohatgi concludes his arguments
Bench: Issues raised by the Advocate General.
amendments have not been made as directed by Single Bench.

Rohatgi: I don’t expect Advocate General to raise such issues rather than arguing in merits. The Lordships have authority to hear a question if they want. I’d still request for 2-3 days to cure the defects. #RajasthanPoliticalCrisis #SachinPilot #RajasthanPolitics @SachinPilot

Bench to Rohatgi : Submit a note with your submissions and questions that you wish to be adjudicated, concluding your hearing. We have asked everyone to submit it by Lunch today. #SachinPilot #RajasthanPoliticalCrisis #Rajasthan

Intervenor 1 : We are on behalf of neither party. We are on behalf the people of Rajasthan who have been suffering.

Bench: how can you say you aren’t opposing either party. The issue being raised by you is not what we are dealing with. #RajasthanPoliticalCrisis #SachinPilot

Intervenor:what is going on?It takes a lot of effor to become an MLA , what are they doing. China is attacking India and they are doing this?
Bench: we are not hear to discuss these issues. Court will not comment on any political issues. #RajasthanPolitics @INCIndia @SachinPilot

Advocate Devadatt Kamat taking Court through Rajasthan Legislative Assembly Rules of Procedure : He says: Only assisting the Court with the Rules.
@SachinPilot #SachinPilot @Devadattkamat #RajasthanPoliticalCrisis #RajasthanPolitics

Advocate Devadatt Kamat appeared for Congress and had argued in detail during the hearing yesterday. #RajasthanPoliticalCrisis #RajasthanPolitics #SachinPilot

Kamat: Rules do not say that reasons need to be recorded in the notice, at this stage. #RajasthanPolitics #RajasthanPoliticalCrisis

Kamat : a lot of things were said but I’ll not respond to those, I’ll keep within my “maryada”. #RajasthanPoliticalCrisis #SachinPilot

Kamat: There was no rebuttal from either Salve or Rohatgi on the point that the action of Pilot-led MLAs amount to voluntary giving up of party membership. @SachinPilot

#RajasthanPolitics #RajasthanPoliticalCrisis

Kamat : Parliamentary Committee reports with respect to Tenth Schedule observed that those who wreck inner party discipline must pay the price with disqualification.
#RajasthanPolitics #RajasthanPoliticalCrisis