Thread by @LiveLawIndia

[Karnataka Muslim Reservation]

#SupremeCourt is hearing pleas against Karnataka Govt's decision to scrap decades-old 4% #Reservation in OBC category for Muslims in the state.

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Petitioners complain about a recent statement made by Home Minister Amit Shah on 4% OBC #Reservation for Muslims ahead of Karnataka elections.

Nagarathna J: Why, when matter is sub judice, should such statements be made by anyone?

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Sr Adv Dushyant Dave: Proudly saying that they have withdrawn.

Nagarathna J: When something is pending before any court...

SG Tushar Mehta: You have not been told about context, content, nothing...

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SG Tushar Mehta: If someone says they are principally against religion-based reservation, completely justified.

Dave: Not religion-based, it is...

SG: I don't want to do politics here.

Nagarathna J: We just want discipline to be maintained.

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SG Tushar Mehta: He may move an application. Without knowing tenor of statement...

Dave: I will do that tomorrow and bring it on the record.

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Nagarathna J: There should not be statements like this.

SG Tushar Mehta: We do not know what statement is attributed to him.

Dave, interjects: Amit Shah said 4% reservation for Muslims was unconstitutional and the BJP had removed it.

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Joseph J: In 1971, West Bengal CM was held for contempt for holding a press conference defending a rationing order that was the subject matter of a challenge before the court.

SG Tushar Mehta: We take sentiment of court...

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SG Tushar Mehta: ...But as a counsel, I am saying that any religion-based reservation is unconstitutional.

Dave, interjects: Not religion-based.

SG: Your Lordships will have to control [him]. This is a Supreme Court bench.

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SG Tushar Mehta to bench: ...Don't permit this to be turned into a fish market.

Joseph J: Mr Dave, no. We are telling you, don't shout.

SG: So far no judge has controlled him.

Joseph J: Now you are going into personal remarks.

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Joseph J: You saying that 4% reservation is unconstitutional, from this podium as SG & counsel appearing in this case...You can make this statement. But someone else from a public place making a statement...Completely different.

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SG Tushar Mehta: I won't respond to such assertions.

Joseph J: We are saying that you can say this in court...but someone else...

SG: If someone had been prevented from saying this...would have been given protection of free speech.

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Joseph J: We may have reservations about reservations but we can't let it be politicised in this manner...

SG: It is being politicised before Your Lordships.

Joseph J: Please take down... (starts pronouncing order)

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Joseph J: We are prepared to go on today, but you are saying that you have that other case... adjournment has been sought.

Dave, interjects: Forum shopping!

SG: Your Lordships will have to...some judge will have to [control him].

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Joseph J pronounces, "SG has submitted that he is engaged in a Constitution Bench matter today...He has no objection if the interim statement recorded (in previous order) would continue till further order. List on 25th of July, 2023."

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Dave: They want a convenient date. (referring to suggestion to list it in July, in light of upcoming retirement of Joseph J)

Sr Adv Mukul Rohatgi: The only hearing date on this side of vacation is today.

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Counsel: One observation that the media should take note of...

SG Tushar Mehta: What is this? This is complete politicisation.

Joseph J: Absolutely we will not be party to any of this...

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Counsel: Reaping fruits of fraud practised on court...

Joseph J: We have expressed our sentiments...Public statements should not be made.

SG Tushar Mehta: To my knowledge, no statement relating to matter pending.

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Joseph J: We have made it clear that we have nothing to do with the politics.

SG Tushar Mehta: Nor do I. Not briefed for that.

Joseph J: We are not saying anything more.

SG: Obliged, My Lord.

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