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Karnataka political crisis LATEST updates: The Supreme Court reserved order on the rebel MLAs’ resignation case for tomorrow at 10.30 am. Supreme Court has no powers to interfere with the decision making process of the Speaker. The Court exceeded its jurisdiction by directing the Speaker on 11 July 11 to take a decision on resignations, states Kumaraswamy’s counsel Rajeev Dhavan. Supreme Court pulled up the Speaker saying, “What has he done since 6 July when the resignations were given. The Speaker didn’t do anything until the rebel MLAs came to court,” the apex court said. The court also argued against Abhishek Manu Singhvi saying that there is no requirement that a member has to be physically present in order to resign. “They can send letters too,” the top court stated. Abhishek Manu Singhvi who is representing the Karnataka Speaker requested for a modification of Supreme Court’s 12 July order so that Karnataka Speaker can decide on both resignations and disqualification of rebel MLAs by Wednesday. The CJI-led bench is hearing the petition by rebel MLAs. Senior Advocate Mukul Rohatgi is making a submission on the rebel MLAs’ behalf. He argues that nobody can force the MLAs and their resignation must be accepted." “If I don’t want to be an MLA, how can I be forced to attend house?” he submitted in the top court. Rebel Congress MLA Roshan Baig’s advocate has filed a petition in high court questioning the detention of his client in connection with the IMA case, ANI reported. Responding to Kumaraswamy’s allegations of horse-trading with regards to detention of Roshan Baig and BJp’s hand in helping the rebel MLA escape, the BJP said on Tuesday that Baig was given time till 19 July to appear before SIT and that the “state government is blackmailing and treating their own MLAs’ using institutions”. A crucial hearing on the Karnataka political crisis will take place on Tuesday in the Supreme Court which will examine “weighty” constitutional issues in the resignation and disqualification of 15 rebel MLAs of the ruling Congress-JD(S) coalition. The apex court, which was dealing with the plea of 10 rebel MLAs on 12 July, will now hear five more lawmakers who have sought identical relief that Karnataka Assembly speaker KR Ramesh Kumar accept their resignations as well. The five MLAs, Anand Singh, K Sudhakar, N Nagaraj, Munirathna and Roshan Baig, mentioned their application before a bench of Chief Justice Ranjan Gogoi and Justice Deepak Gupta Monday seeking impleadment as parties to the pending plea on which it was ordered that the speaker would not take any decision till Tuesday on the resignations and disqualifications. The bench allowed senior advocate Mukul Rohatgi who mentioned the matter for all the 15 MLAs to amend the petition for expanding the grounds in support of their stand to resign. The apex court on 12 July had asked the speaker to maintain status quo on the issue. The 10 rebel MLAs, on whose petition the status quo was ordered, were — Pratap Gouda Patil, Ramesh Jarkiholi, Byrati Basavaraj, BC Patil, ST Somashekhar, Arbail Shivaram Hebbar, Mahesh Kumathalli, K Gopalaiah, A H Vishwanath and Narayana Gowda. The resignations of these MLAs has plunged the HD Kumaraswamy government in Karnataka into a crisis as it faces the risk of losing majority in the Assembly. Apart from the question of maintainability of the writ petition filed under Article 32 of the Constitution by the MLAs, the Supreme Court had said it needs to address as to whether the speaker is obligated to decide on the disqualification proceedings before accepting the resignation of legislators. The counsel for the rebels MLAs had contended that the speaker has not decided on the resignation of the lawmakers to bind them with the party whip and disqualify them from the membership if they violate the whip on the floor of the House.
Karnataka political crisis updates: Supreme Court reserves order on rebel MLAs' resignation for tomorrow at 10.30 am
Karnataka political crisis LIVE updates: The Supreme Court reserved order on the rebel MLAs’ resignation case for tomorrow at 10.30 am.
 "Karnataka political crisis updates: Supreme Court reserves order on rebel MLAs' resignation for tomorrow at 10.30 am")
Meanwhile, SIT releases Roshan Baig after marathon questioning in IMA ponzi scheme case
Rebel Congress MLA Roshan Baig was released from detention after several hours of questioning from Monday night by the Special Investigation Team (SIT) probing the alleged IMA ponzi scheme.
Baig, detained by sleuths of the team before he was to board a chartered plane to an unknown destination from the Bengaluru airport, let go with a rider that he will have to turn up on 19 July for further questioning, SIT sources said. The SIT had asked Baig, to appear before it on 15 July but he did not turn up citing important works and had instead said he would be available on 25 July.
PTI
SC has no jurisdiction to pass interim orders asking Speaker to maintain status quo: HDK
Karnataka chief minister HD Kumaraswamy told the Supreme Court on Tuesday that it had no jurisdiction to pass the two interim orders asking the Assembly Speaker to decide and, later, maintain the status quo on the resignations and disqualification of the rebel MLAs.
Senior advocate Rajeev Dhavan, appearing for Kumaraswamy, told a bench headed by Chief Justice Ranjan Gogoi that the Speaker cannot be compelled to decide this issue in a time bound manner. “When resignation process is not in order, court cannot direct Speaker to decide by 6 pm,” Dhavan told the bench.
Kumaraswamy also told the court that the rebel MLAs were hunting in a pack to destabilise his government and that the court should not have entertained their petitions.
PTI
SC to pronounce order on Karnataka MLAs resignation at 10.30 am on Wednesday
‘Speaker wants to prop up a minority govt’: Mukul Rohatgi
“This is a government which has lost majority and the Speaker only wants to prop up a govt which is in minority, argues Mukul Rohatgi. “The constitution binds the Speaker to decide on resignations immediately if there is no material to the contrary. It is for nobody to go into my mind or my heart when I resign voluntarily,” Rohatgi adds.
“I have a fundamental right to resign and walk away,” he concludes.
‘Let all rebel MLAs be present on Thursday for trust vote,’ urges Dhavan
“Let all rebel MLAs be present on Thursday for the trust vote in the Assembly,” Dhavan told HC.
Meanwhile, Mukul Rohatgi countered the argument of the Speaker that no fundamental right has been violated. “My right to resign and do what I want is being violated,” he said arguing on behalf of the rebel MLAs.
Dhavan makes a submission on ‘political thicket’
Rajeev Dhavan is now making submissions on “political thicket”. Their intent is to defeat us by luring numbers before budget, says Rajeev Dhavan on “political thicket”. " Political thicket doctrine does not say to Your Lordships ‘we can enter any political thicket we like,’ Dhavan says. “There has to be a full debate. There cannot be a truncated debate on this,” he submits.
Judicial review can’t be exercised before Speaker’s decision: Rajeev Dhavan
“This Court can interfere only after the decision is made and not before that. Judicial review cannot be exercised before the Speaker has taken a decision,” argues Dhavan. “Your Lordships are being persuaded to say ‘abandon all due process under A. 190’,” he said.
Speaker has to take notice of the fact that 15 MLAs are hunting in pack, says Rajeev Dhavan
Dhavan said that it is the motive which is important, the MLAs flew to Mumbai when they could have instead met the Speaker.
‘Allegations levelled by rebel MLAs are wrong,’ says Rajeev Dhavan
Article 190 should be read along with the Tenth schedule, Dhavan argued in the court.
Dr Dhavan appearing for Karnataka CM in SC: The SC order is clear & Court should not entertain such kind of petition under Article 32 of Constitution. Speaker has acted in a mala fide manner, allegations levelled by rebel MLAs are wrong. https://t.co/oyX9MGD2Id
— ANI (@ANI) July 16, 2019
SC doesn’t have powers to interfere with Speaker’s decision-making process: Rajeev Dhavan
Supreme Court has no powers to interfere with the decision making process of the Speaker. The Court exceeded its jurisdiction by directing the Speaker on 11 July 11 to take a decision on resignations, states Dhavan.
SC doesn’t have jurisdiction in this case: Dhavan
“Your Lordships do not have jurisdiction. The two interim orders passed last week was in excess of this Court’s jurisdiction. Supreme Court Rules are clear — it will not entertain a petition under Article 32 unless there is a fundamental right involved,” Dhavan argues.
Rajeev Dhavan argues for Kumaraswamy
Senior advocate Dr. Rajeev Dhavan is now arguing on behalf of Chief Minister HD Kumaraswamy. “The only purpose of resignation is to become ministers. These MLAs are hunting in a pack. They flew to Mumbai when they could have met the speaker’, Dhavan submits in court.
Speaker’s role in interpreting anti-defection laws needs “re-look”: CJI
The high status given to Speaker by the Court decades ago while interpreting anti-defection laws “probably needs a relook”, CJI remarks.
Justice Sikri’s May 2018 order on Floor Test ‘distorted’ and presented to court: Singhvi
“The order of Justice Sikri in May 2018 has been distorted and presented to this court. That order was given at a time when there was no Government or Speaker. So a protem speaker was given directions,” Singhvi argues.
Roshan Baig returns to his home in Bengaluru
Baig was detained at the Mumbai aiport by an SIT probing the IMA ponzi scheme scam case on Monday evening after whcih he also questioned by a team of the CBI.
IMA Ponzi Scam case: Suspended Congress MLA Roshan Baig who was taken for inquiry yesterday from Bengaluru airport back home after interrogation ended for today. He was allowed to appear on July 19 for further interrogation pic.twitter.com/slXWpAxuvU
— ANI (@ANI) July 16, 2019
Congress MLAs shifted to a resort
Congress MLAs on Tuesday were shifted to the Windflower Prakruthi resort in Devanahalli from Taj Yeshwantpur hotel in Bengaluru.
Bengaluru: Congress MLAs arrive at Windflower Prakruthi resort,Devanahalli from Taj Yeshwantpur hotel. #Karnataka pic.twitter.com/73Jtim0ha6
— ANI (@ANI) July 16, 2019
Congress MLAs shifted to a resort
Congress MLAs on Tuesday were shifted to the Windflower Prakruthi resort in Devanahalli from Taj Yeshwantpur hotel in Bengaluru.
Bengaluru: Congress MLAs arrive at Windflower Prakruthi resort,Devanahalli from Taj Yeshwantpur hotel. #Karnataka pic.twitter.com/73Jtim0ha6
— ANI (@ANI) July 16, 2019
Direct link between resignations and disqualifications: Singhvi
“There is a direct link between the resignations and disqualification proceedings in this case,… this should be looked into independently, Singhvi submits reiterating that all resignations happened only on 11 July and all disqualification proceedings pre-date resignations.
G Parmeshwara leaves Bengaluru hotel
Karnataka deputy chief minister G Parameshwara left from Taj Yeshwantpur hotel along with other Congress MLAs while the Supreme Court hearing on Karnataka political crisis is underway.
Bengaluru: Karnataka Deputy Chief Minister G Parameshwara along with Congress MLAs leaves from Taj Yeshwantpur. #Karnataka pic.twitter.com/BdKT6Do9eQ
— ANI (@ANI) July 16, 2019
Singhvi asks for modification in previous SC order to let Speaker decide on both resignations and disqualification by tomorrow
Singhvi requests for a modification of SC’s 12 July order so that Karnataka Speaker can decide on both resignations and disqualification of rebel MLAs by Wednesday.
CJI questions Speaker’s delay in deciding on resignations
“What stops the Speaker from deciding if the resignations are voluntary after they have appeared before him on 11 July,” CJI asks Abhishek Manu Singhvi.
SC pulls up Speaker for inaction, says MLAs don’t have to be physically present to resign
Supreme Court pulled up the Speaker saying, “What has he done since 6 July when the resignations were given. The Speaker didn’t do anything until the rebel MLAs came to court,” the apex court said.
The court also argued against Abhishek Manu Singhvi saying that there is no requirement that a member has to be physically present in order to resign. “They can send letters too,” the top court stated.
This is a disqualification case rather than a matter of resignations, says Singhvi
Abhishek Manu Singhvi tell SC, “Suppose there is a floor test tomorrow and an MLA wants to resign today which will lead to govt falling. That resignation is itself disqualification, since it is against the party’s interests. So this case is actually a disqualification case and Kihoto Hollohan applies, he submits.
Speaker has to first decide on disqualification, argues Singhvi in SC
“A valid resignation should be submitted personally. In this case, the MLAs personally presented themselves before the Speaker only on 11 July… Disqualification has already taken place and Speaker has to decide on that first,” Singhvi argues.
MLAs can’t resign and still be spared of disqualification, says Singhvi
“I am very strongly suggesting that the Speaker has to decide on disqualification,” says Singhvi relying on various judgments. “How can they resign and get rid of disqualification?” asks Singhvi. Resignation can’t be escaping route to avoid disqualification, he said.
‘Act of disqualification is the act of defiance of whip,’ Singhvi tell SC
Singhvi told the court that the act of disqualification is the act of defiance of whip. “11 of the 15 MLAs handed over resignations personally to Speaker only on 11 July. Four of the MLAs are yet to do so,” he claimed. “The first step to start inquiry under Art 190 is for concerned MLA to appear before Speaker in person. In this case, that has happened on 11 July, Singhvi submitted.
Abhishek Manu Singhvi submits in SC on behalf of Speaker
Abhishek Manu Singhvi argues for Karnataka Speaker, says disqualification petitions of MLAs are prior to their resignations.
Speaker should be asked to decide on resignation soon: Mukul Rohatgi to SC
In May 2018, the Supreme Court had directed the Speaker to hold a floor test. If that can happen, why can’t the Speaker be asked to decide, he asked. “The only immunity to Assembly Speaker is Court can’t interfere into the House proceedings,” Rohatgi said and requested the court to reiterate the earlier order.
The immunity under Article 212 of Constitution is that validity of House proceedings should not be called into question by the court. But that is not a bar for the court to direct the Speaker to take a time bound decision, Rohatgi argued.
Court should ask Speaker to decide on resignations within time-frame, seeks Mukul Rohatgi
“So what is the order you are seeking?” CJI asks Mukul Rohatgi. Rohatgi responds saying “The order which Your Lordships passed on the first day, asking Speaker to decide within a time frame,” Bar and Bench reported.
Mukul Rohatgi cites Kerala HC order in PC George’s case
Mukul Rohatgi cites the Kerala High Court decision in PC George’s case where he was allowed to resign even when disqualification proceedings were pending against him.
Will meet Speaker when he calls me, says rebel MLA Ramalinga Reddy
“Speakers’ office will call me, I will go today or tomorrow, whenever they call me. The reason of resignation was internal,” said Reddy, who skipped the personal hearing on his resignation before the Speaker KR Ramesh Kumar on Monday.
Rebel Karnataka Congress MLA Ramalinga Reddy: I went to see doctor, it got delayed. Speakers' office will call me, I will go today or tomorrow, whenever they call me. The reason of resignation was internal. I will have to come for the floor test, my resignation is not accepted. pic.twitter.com/1XtRuP63X3
— ANI (@ANI) July 16, 2019
‘Speaker not impartial,’ says Mukul Rohatgi
“If the Speaker is not deciding the resignations on some reason or other, means he is not impartial,” Mukul Rohatgi submits in SC. “There can be million ofreasons for a person’s resignation. The fallacy is, the Speaker’s logic is MLAs have resigned to favour the other party,” Rohatgi tells court.
MLAs have repeatedly been pleading for acceptance of their resignation, yet there is no action, argues Rohatgi
“These people are before Supreme Court saying they have resigned, crying before TV claiming that they have resigned. And yet this is allowed to continue, this is ridiculous,” Rohatgi points out.
MLAs will have to wait for bypoll if disqualified, argues Mukul Rohatgi
If an MLA resigns, he/she can join another party and become a minister tomorrow but if disqualified, he or she will have to wait for by-election, Rohatgi argues.
Governor can’t keep decision on resignation pending: Mukul Rohatgi in SC
“Article 190 says if the resignation is by hand and there is no other material, the Speaker has to take a decision as fast as possible. He cannot keep it pending,” Rohatgi submits in Supreme Court.
Disqualification proceedings are an attempt to scuttle resignations: Mukul Rohatgi in SC
“The disqualification proceedings are nothing but an attempt to stutter the resignations,” argues Rohatgi. “This is an attempt to scuttle their resignations. The Speaker is trying to make a decision on both the issues-resignation and disqualification at the same time.”
‘No valid ground for disqualification’: Mukul Rohatgi
Mukul Rohatgi replies to the CJI saying that there are no valid grounds for disqualification. “That is the reason why the first notice sent on 2 February is still pending, and another notice was sent on 10 July,” he states.
‘On what grounds were MLAs disqualified?’ asks CJI
The Chief Justice of India Ranjan Gogoi asks on what grounds disqualification proceedings were initiated against the rebel Karnataka MLAs.
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