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Rajasthan Politics: Supreme Court "Can't Suppress Dissent In Democracy" This Word Becomes The Sore Point
If the 19 dissidents are disqualified, the half-mark in the House will be slashed to 91
Supreme Court "Can't Suppress Dissent In Democracy" This Word Becomes The Sore Point
New Delhi: On Thursday the Supreme Court said that dissenting voice in a democracy can not be shut down as it heard a petition filed by the Rajasthan assembly Speaker CP Joshi against a high court order directing him to defer disqualification proceedings against Sachin Pilot and 18 other dissident Congress MLAs.
In his petition, the speaker has argued that it is the top court's duty to ensure that all the constitutional authorities act within the “Lakshman Rekha” drawn for each one of them.
Can a person elected by people not express his dissent? Voice of dissent cannot be suppressed. In a democracy, can somebody be shut down like this?” Justice Arun Mishra asked Kapil Sibal, who is representing the Rajasthan Speaker.
The three-judge bench included justice B R Gavai and Krishna Murari.
The bench of justice told Mr. Sibal that the high court had requested the Rajasthan Speaker to only wait till July 24. Sibal replied, “Suspend the word ‘direction’ from the order, the court can’t do this.”
The court replied, “So the problem is only with the word? Order everywhere says ‘request’.”
The court also said that the matter requires prolonged hearings. You can have prolonged hearing but an interim direction to the speaker should be removed. My lords have never passed an interim order like this,” said Sibal.
Justice Mishra has also asked Sibal on what grounds the disqualification was sought. “MLAs didn’t attend party meeting, they’re indulging in anti-party activities. They’re in a Haryana hotel, incommunicado & sought floor test against their own party,” said Sibal.
When the bench asked if the speaker can ve an aggrieved person to which Sibal said,“I am not an aggrieved person. I am here because I have been asked not to decide the matter. That is against the Constitution bench.”
Also, he said that the court can not decide on the matter, and the Speaker has asked for an explanation form the dissident MLAs“If the Speaker is satisfied, he won’t disqualify them,” said Sibal.
The Congress has 107 members in the 200-member state assembly and the BJP 72.