Sankaranarayanan: We have not been given this order.
ASG: There is double application of mind. There is material, overwhelming, which has been examined. The IO is examined. SEM applies his mind and then notice. The kalandra captures all of this, first page is only compilation of what kalandra can tell.
Hearing resumes.
ASG: the question was how and where has SEM applied his mind? This is independent application of mind. This translates in the impugned order. Please see it in four parts. There is a definite source, there is general diary entry, past FIRs and offences, situation emerging on streets, the IO is called. SEM asks IO to explain. It is like hearing before cognizance.
Court: We should take 2 mins break on whether you (Sankaranarayanan) would like to continue on this (petition) or wait till the show cause notice is over.
Court has taken a short break.
She sought exemption on last date and we gave: Dixit
Court notes that Bora can send a lawyer in her place as per impugned order.
ASG: She can come. She can send a lawyer. But breach of peace is the main concern of the government. Bond toh dena padega.
ASG: Is this petition a sort of reply to show cause which ought to be given before SEM? Why i was labouring on ingredients of 126 were because this is subjective satisfaction on ground of peace.
ASG: In all the cases cited by my friend, there was lack of material. In this case, it is brimming with pestiferous material.
ASG: Because this is preventive in nature, the law will lend its weight to aspect which parliament envisaged while having 126 and 130 in the manner it is.
Sankaranarayanan: There is nothing wrong in regime change in a democracy.
ASG: I object to this. Regime change will happen by votes, not by lumpen elements in the nerve of New Delhi.
ASG: Such material, and kindly just see item 11 and 12. Joint sitting in press conference with CJP leader and Prashant Bhushan….
Court: Please understand i am not going into.
ASG: Complete violations, one after another, 12 times (by Bora). If we dont have facts before us then this will just be an academic exercise. The cases have been seen by the SEM.
Court is handed over some documents.