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[Rajasthan Assembly Speaker's Plea Against HC Order] Live Updates From Supreme Court

LIVELAW NEWS NETWORK
23 July 2020 5:37 AM GMT
[Rajasthan Assembly Speaker

Live Updates

  • 23 July 2020 7:10 AM GMT

    ORDER DICTATED BY JUSTICE MISHRA:

    •Rajasthan HC Judgement will be subject to the outcome of the SC Orders.

    •Matter will be now heard on Monday. 

  • 23 July 2020 7:10 AM GMT

    Salve - Speaker has twice deferred the proceedings on his own. He also argued jurisdiction in HC. Why should he be wary of HC to pass an order now?

    Justice Mishra - Can we say Order of the HC will be subject to the outcome here?

    Salve - Yes, that's fine. 

  • 23 July 2020 7:09 AM GMT

    Salve submits that the Speaker has argued that this will be taken into account. Speaker also agreed that no fresh notice will be issued. Additionally, Documents have also been submitted. 

  • 23 July 2020 7:03 AM GMT

    J Mishra is inclined to have this matter again tomorrow. “I've heard Sibal sahab at length.”

    Sr. Adv. Harish Salve is now appearing for @SachinPilot

    .J. Mishra stresses that there are imp. questions related to democracy. "These are very serious issues. We want to hear it."

  • 23 July 2020 7:01 AM GMT

    Justice Mishra - The question is what happens to this democracy?

    He looks at Salve and says, “You understand our concern? Under such circumstances, whether Court should exercise jurisdiction or not. We will need all of your assistance on this.”

    Salve says, “We’ll assist.”

  • 23 July 2020 7:00 AM GMT

    Sibal - Every judicial order has political consequences.

    Sr. Adv. Mukul Rohatgi - Let HC decide tomorrow, then we'll see.

    How can Speaker say there are political concerns? He's the Speaker!

    Justice Mishra says that the question is of jurisdiction.

    “If we pass order here, the question of jurisdiction still remains open.”

  • 23 July 2020 6:59 AM GMT

    Sibal urges for SC to stay HC proceedings. “If you are to examine it, you must suspend what's happening in HC.”

    However, the Bench does not seem inclined to do so. 

  • 23 July 2020 6:55 AM GMT

    Sibal - I'll file a transfer Petition. Transfer it to yourself.

    Justice Mishra - Cannot do that right now. Not like this.

    Sibal - This is not fair.

    Justice Mishra - Don’t use such language. 

  • 23 July 2020 6:55 AM GMT

    Justice Mishra - Your questions require a lengthy hearing.

    Sibal - Suspend HC order. Stay further proceedings there, please.

    Justice Mishra - That’s what we will examine. 

  • 23 July 2020 6:50 AM GMT

    Sibal - It’s against Hollohan. There's a prima facie 5 judge Bench judgment. I've shown you a number of cases.

    J. Mishra - Right now we don't have benefit of Court’s order.

    Sibal - What if the court quashes? Before decision, they cannot quash, but then what if they do?

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