Jayesh Mehta Profile picture
Mar 17, 2023 22 tweets 12 min read Read on X
Thread🧵
On Wednesday, I perused the proceedings in the Supreme Court, as regards Shiv Sena's matter..

I must say, I was shocked to observe #CJI J. Chandrachud's aggressive questioning against then Governor of Maharashtra..

1/22
He appeared to be more angrier on the Governor than Uddhav Thackrey himself, for fall of #MVA govt.

To me, it appeared as if, his sympathy rests with Uddhav Thackrey.

Through this thread wherein, I will post screen shots of court's proceedings and analysis.

2/22
*Background of the crisis*

From around 22nd June, Shiv Sainiks started destroying, properties of rebel MLAs as well as the independent MLAs who withdrew support to Uddhav Thackrey government..The instigation for this violence was made by Sanjay Raut, trouble shooter of UT.

3/22 twitter.com/i/web/status/1…
In the court, SG Tushar Mehta started by explaining, law and order crisis which was prevalent from 23rd June, in Maharashtra.. Maharashtra Govt had withdrawn security to the rebel MLAs and their families..Central govt had to intervene and provide Central security forces..

4/22 ImageImageImageImage
1) Well, it's responsibility of the Governor to check whether the ruling dispensation has the majority or not.

2) So, Governor should not call for trust vote, lest govt. may get toppled? Governor called for the trust vote because, the Shiv Sena LP had already broken up..

5/22 ImageImage
1) If Governor can't call for the trust vote then, who can call the trust vote? Is #SC going to usurp that power too?

So, CJI suggests that the Governor should forsake his Constitutional duty, so as to not precipitate the fall of minority government?

2) Functional govt 🦵

6/22 ImageImage
1) If the Governor has credible information, that the ruling dispensation doesn't have majority then; he is bound to call for trust vote
2) Now #CJI suggests that the best way, govt can be defeated only by voting against in money bill.
3) If people start ditching the govt,+

7/22 ImageImage
+is it the Governor's responsibility to decline call for the trust vote, even though the ruling dispensation numbers have reduced below the majority mark?
4) Even if this group of 39 MLAs was disqualified, withdrawal of support by 10 MLAs had made the govt a minority govt.

8/22 ImageImage
Out of those 3 years, for more than 1.5 years Maharashtra suffered from Covid..Maharashtra recorded highest number of affected people & also deaths..CM was working from his home..Was not meeting any one..
MLAs had lot of grievances, but CM was not accessible to them..

9/22 Image
1) Why should Governor ask this question? In 1999, when Jayalalitha withdrew support from Vajpeyee govt, did then President K R Narayan ask himself, why these parties which had contested elections in alliance & enjoyed honeymoon for 1 year; what happened to them overnight?

10/22 Image
President K. R. Narayan immediately asked PM Vajpeyee to seek trust vote..And, PM Vajpeyee complied with President's directive immediately..

11/22
Did #CJI J. Chandrachud ask himself, why after being in alliance for 25 long years & enjoying spoils of office, contesting elections in a pre-poll alliance, projecting Fadanvis as CM, 1 fine day; Shiv Sena asked for CM post on rotation?
U cohabit for 25 years & 1 fine day.

12/22 Image
1) How can J. Chandrachud claim that there was no internal dissent in Congress and NCP? What material was placed before him to claim this?
In Congress, Dy. CM Balasahab Thorat & Speaker Nana Patole did not get along..
In NCP, Ajit Dada & Jayant Patil did not get along.

13/22 Image
Yes, Congress & NCP combine had 97 MLAs..And, Shiv Sena the biggest party in the troika, suffered a huge loss of 39 MLAs, reducing it to a strength of mere 17 MLAs.
If #MVA was continued then sooner or later, Ajit Pawar would have staked claim for the CM post by virtue of+

14/22 Image
+ being the largest party in the coalition..

Another factual error, Shinde group proclaimed them to be real Shiv Sena and, from the day one said that they would ally with the BJP & form a coalition govt..They had publicly said that they won't ally with Congress or NCP.

15/22 Image
Even if 39 rebel MLAs were disqualified, majority was shaken on the floor of the house..In that situation, the Governor had to fulfil his Constitutional duty without taking the permission of #CJI .

16/22 Image
Majority mark in 288 member house is 145 not 144..Rebellion of 39 MLAs disturbed the 145 mark..
If 39 MLAs were disqualified, then the strength of the house would have come down to 249..Halfway mark 125..Shiv Sena-17, NCP-53 & Congress-44..Total 114.
BJP - 106+8+12 = 126.

17/22 Image
BJP was having majority..Status of Eknath Shinde faction whether disqualified or not disqualified, had no effect on BJP+ majority in the house..BJP plus its' allies had secured majority in the house on its own.

18/22
Governor's role in calling trust vote was questioned by the #CJI..According to CJI, Governor should not have called for the trust vote..But, #CJI ignored the fact that, the same Supreme Court had refused to stay the trust vote..Only subjected it to the final out come of WP

19/22 ImageImage
If CJI deduced that the Governor had no material to ask Uddhav Thackrey to take trust vote then; how did the earlier bench of the Supreme Court, refused to stay the trust vote? If Governor had no justifiable material, then the earlier bench would certainly have stayed it.

20/22
Governor's stand to call for trust vote was in the end vindicated by Uddhav Thackrey's voluntary resignation from the post of Chief Minister without facing the trust vote.. CJI J. Chandrachud grudgingly admitted this fact.

#CJI had to change his views within one day.

21/22 ImageImageImageImage
Kapil Sibal is a very smart lawyer..He echoes whatever the Judge's observations..That's why he is highly successful lawyer..

22/22 ImageImageImageImage

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More from @JMehta65

May 11
🧵PART - I
As soon as Arvind Kejriwal was arrested by the #ED, Germany, USA and UN Secretary General mounted pressure for his release.

The bench of J. Sanjiv Khanna and J. Dipankar Datta could not withstand this pressure and succumbed to this foreign pressure.

1/9
Over the past 2 years, this same Supreme Court had held that, Right to Contest and Right to Vote were not Fundamental Rights.
This bench has now laid down a new judicial principle of Right to Campaign, to grant an interim bail to Delhi's CM Arvind Kejriwal.

#BailToKejriwal

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J. Khanna and J. Datta had already decided to grant interim bail to Kejriwal on 3rd May itself..
Still to display their impartiality, they continued with their farce for few more days..Finally, yesterday they decided to conclude their farce and grant+

#BailToKejriwal

3/9Image
Read 9 tweets
May 5
It has been almost a month from the day, @INCIndia put out its manifesto for #2024LokSabha elections..
I have worked out financial implications of FOUR guarantees, promised by the Congress party.
If Congress comes to power and implements these, 4 promises then, it will+

1/15
+ ruin our country's economy and, lead to bankruptcy like 1991.
Our country will become NEXT Venezuela..

Let's see financial implications of these 4 promises.
(1) Every graduate and diploma holder will be given a right of one year of apprenticeship:
The govt will pay them+

2/15 Image
+₹1.0 lakh for 1 year..
There are about 1.5 crore students passing out graduation+diploma courses every year.
Let's assume, 1 crore graduates/diploma holder take up apprenticeship.
Annual outgo for the Congress govt would be:
1,00,00,000 x ₹1,00,000
=₹1 Lakh crores. __I

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Read 15 tweets
Mar 22
Three days back, Sajid entered into his neighbour's house and demanded ₹5,000 as loan from mother of 3 boys.
While the woman was bringing money, Sajid went upstairs and beheaded two sons' of this woman, Aayush 11 years and Ahaan 6 years..He also tried to behead, third son+

1/9

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+Piyush 7 years, too but that boy some how escaped from his clutches and survived..Later on Police arrived at the scene of crime..By that time Sajid had escaped..Police chased him down and trapped him..
Instead of surrendering, Sajid fired on the Police force and, in+

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+ the retaliatory fire, Sajid was shot dead..
Here are the statements of Piyush (survivor), mother of three children and Police official whose team was chasing Sajid to apprehend him..

3/9



Read 9 tweets
Dec 17, 2023
Yesterday this overzealous bigot and lapdog of Sonia Gandhi, made certain observations on I.T. authorities survey on #BBC ..
He does not even know the difference between an Income tax RAID and Survey..
Further, he is propagating his own version of law..

1/14

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No Court of law could have declared, an income tax survey on #BBC in recent times, as illegal and unconstitutional.
BBC has reportedly admitted to tax evasion.

Why doesnt retired judge, Nariman wait for #BBC to file its' revised income tax returns?

2/14 Image
In January this year he wanted the SC to impose a time line of 30 days on Union Govt to accept the Collegium's recommendations..
Now he is admitting that the present Collegium system was the WORST..
He wants to change the composition of the Collegium..

3/14
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Read 14 tweets
Jul 10, 2023
As I had promised on Saturday morning, I am posting 1st of my Trilogy of threads on Supreme Court's cowardice in matters of justice for Muslim women..This thread is on #BenazeerHeena, whose life has been ruined by the Supreme Court..She had filed a petition in the+

1/15
+Supreme Court challenging Talak-E-Hasan, a mode of divorce in Islam.
Her lawyer, wrote a letter to then #CJI J. NV Ramana for granting an urgent listing of her plea, specifying reasons for her request for urgent listing..However, the #CJI refused URGENT hearing inspite of+

2/15





+looming danger of divorce on her.
Then she approached J. Chandrachud's bench..He asked her, why she had filed the petition under Article 32?
A PIL can be filed in SC under #Article32 and a PIL can be filed in a High Court under #Article226 , of our Constitution..

3/15





Read 15 tweets
Jun 29, 2023
A thread 🧵 on recent sequence of events leading upto PM @narendramodi 's State Visit to USA, upon invitation of President #JoeBiden..PM Modi was also invited to address the joint session of US Congress..FIRST Indian PM to address the Joint session of US Congress two times.

1/28





In India, this invite caused a lot of heart burn to the Gandhi family because, neither Pt. Nehru nor Indira Gandhi nor Rajiv Gandhi and not even Dr. Manmohan Singh, were granted such an honour.
Internationally, China, Pakistan and India haters were not happy with this+

2/28
+ invite..On the other hand, biggest India hater, a hydra in the form of #GeorgeSoros a self confessed Modi hater and; who has deployed a huge sum of funding to destabilize Modi govt.

He set in motion a #toolkit to get this state visit of PM Modi tainted and overshadowed.

3/28
Read 28 tweets

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