The hearing of Rajasthan Speaker CP Joshi against the order of Rajasthan High Court was heard in the Supreme Court. A bench of Justice Arun Mishra, Justice BR Gavai and Justice Krishna Murari heard the petition of the Rajasthan speaker. In this case, the Supreme Court refused to stay the decision of the High Court, but said that the decision of the High Court would be subject to the decision of the Supreme Court. The High Court will pronounce the verdict tomorrow and the Supreme Court will hear on Monday. The Supreme Court will hear about whether the High Court can hear the petition filed against the notice of the Speaker or not. The Supreme Court will consider the Speaker’s jurisdiction versus the court’s jurisdiction.
The Supreme Court told Sibal that he wants to postpone the hearing on the petition of the speaker as it is a serious issue. On this, the Supreme Court said that a thorough hearing of the case is needed. Sibal demanded a stay on the High Court’s decision till then. Mukul questioned the action of the speaker. The Supreme Court refused to stay the decision of the High Court, but said that the decision of the High Court would be subject to the decision of the Supreme Court. The Supreme Court will hear on Monday.The Supreme Court turned down the demand of the Rajasthan Speaker to stay the High Court verdict. The Supreme Court will hear about whether the High Court can hear the petition filed against the notice of the Speaker or not. The Supreme Court will consider the jurisdiction of the Speaker vs. the court
Justice Arun Mishra asked Sibal, “Can dissent (voice of legislators) be closed in democracy?” This is not a simple matter. These are the people elected by the public. Justice BR Gavai said – Why did the speaker come to court. They are neutral. They are not the affected party. Justice Mishra said it is only a matter of one day, why don’t you wait? Ultimately they are elected by the people. The voice of dissatisfaction cannot be suppressed. Then democracy will stop.
On this, Kapil Sibal said, “But still they have to answer. This speaker will decide only, no court. But how can the court give directions? ”Advocate Harish Salve said from the pilot camp that the High Court will give its verdict tomorrow. The court said that we know this. Discontent dissatisfaction everywhere.
Advocate Kapil Sibal, on behalf of Speaker Joshi in the Supreme Court, said in the court, “The High Court cannot order the Speaker, the Court cannot direct the Speaker to extend the time of decision.” Until the final decision is taken by the speaker, there can be no interference from the court.”Kapil Sibal said,” The High Court’s directive is not valid. The decision of Rajasthan High Court is not right. If anything happens before the Speaker’s decision, the court cannot interfere. All proceedings related to disqualification should be confined to the House. The High Court cannot issue an order when the speaker is deciding.
Kapil Sibal said that the court can interfere only when the speaker suspends or disqualifies the MLA. The exception is that if the disqualification is done during the pendency of the proceedings, the court can intervene. No writ can be filed to challenge any action before disqualification. Kapil Sibal said, “The court cannot interfere on the stage of the notice. No protective order can be given at this stage.