Shiv Sena Dispute : Supreme Court Cautions UBT Side Over Comments Blaming Court For Delay In Decision

The Supreme Court on Friday cautioned the Uddhav Balasaheb Thackeray (UBT) side against making public comments suggesting that the Court was not deciding the long-pending Shiv Sena split dispute, with Chief Justice of India warning against “irresponsible statements” targeting the Court.

A bench comprising Chief Justice of India Surya Kant and Justice Joymalya Bagchi was hearing the petition filed by Uddhav Thackeray challenging the Election Commission of India's decision to recognize Eknath Shinde faction as the official Shiv Sena. A petition filed by Sunil Prabhu challenging the Maharashtra Speaker's decision not to disqualify members of the Shinde faction was also listed today.

As the matter was taken, a counsel appearing for the UBT side requested the Court to take up the matter at its earliest convenience.

Responding sharply, the CJI said, “First, you stop your people from going to the media and making irresponsible statements saying that Supreme Court is not deciding.”

When the counsel pressed for an early hearing, the CJI remarked that the party could not seek adjournment before the Court while simultaneously criticising it in public for delay.

“You seek date here and then say that Supreme Court is not deciding. We are issuing a warning. Be careful on using your words. I am not a person who will accept this kind of conduct,” the CJI said.

Senior Advocate Devdatt Kamat, appearing for the UBT side, said that they are ready to argue the matter as per the Court's convenience.

"You don't want to argue, you want to make statements. When the matter is taken up, you say fix the date. When we fix the date, you say...why this particular politician is making such statements?" CJI asked. 

The CJI responded that the Court expected cooperation from all sides in the matter.

“We expect cooperation from both sides,” he said.

Kamat submitted that his side had no difficulty if the matter was fixed for a full-fledged hearing whenever the Court could allocate sufficient time.

“We are anxious because for three years we have been waiting,” Kamat said.

Senior Advocate Mukul Rohatgi, appearing for the opposing side, said no litigant had a right to make such comments against the Court and clarified that his side had not done so.

“We know how much pressure is upon the court. Our side hasn't done it. It should not be made by any side,” Rohatgi said.

The CJI added, “We are sitting here till 4 PM. If somebody finds us sitting idle, we can understand that.”

Kamat responded that lawyers would never support such comments.

Rohatgi added that the Court had shown patience to all parties and that no litigant, irrespective of side, was entitled to make such statements.

The bench ultimately posted the matters to July for hearing.

Case Title: UDDHAV THACKERAY Versus EKNATHRAO SAMBHAJI SHINDE AND ANR., SLP(C) No. 3997/2023; SUNIL PRABHU v EKNATH SHINDE & ORS SLP(c) 1644-1662/2024