SC should also respect the legislature, says Mukul Rohatgi

NEW DELHI: Amid hearing of a serious constitutional issue during a special sitting on Sunday, senior advocate

Mukul Rohatgi

used humour, laced with his characteristic nonchalance, to tickle a funny bone or two, and argued less about the law than the judges of the Supreme Court may have anticipated.


Questioning maintainability of the petition moved late on Saturday evening by Shiv Sena-NCP-Congress that led to a hearing before a bench of Justice N V Ramana, Ashok Bhushan and Sanjiv Khanna, the former attorney general said, “What was the tearing hurry in filing this petition? They did not lift a little finger for close to a month, and now they are disturbing judges and lawyers on a Sunday, the only day for precious rest.”

The well-known lawyer’s line of argument did not cut much ice except to evoke approving laughter from those present in the courtroom even as the humour underlined the protracted negotiations in the opposition camp amid the media glare.

Realising that this will not delay hearing on the petition filed by the three-party ‘Maha Vikas Aghadi’, Rohatgi then requested the bench to respect the legislature and allow it to function the way it deems fit. “Can the SC direct the governor to summon a special session, appointment of pro-tem speaker, taking of oath by MLAs, a speech by the governor before commencement of the session followed by a floor test — all in one order? The legislature respects the SC and the SC should also respect the legislature,” he said.

Pressing his point, he asked, “Can the legislature pass a resolution asking the judiciary to clear all pending cases?” Justice Ramana responded, “We will not be surprised if something like that happens. But we have always recorded our respect for the legislature in our orders and judgments.”

During the arguments, Rohatgi pointed out that when the SC was hearing petitions filed by rebel Congress-JD(S) MLAs challenging their disqualification in the Karnataka case, opposition lawyer and MP Kapil Sibal had suggested that they should first approach the high court. “The SC in its judgment too said that such matters should first be agitated before the HC concerned. Why didn’t this case go to Bombay HC?” he asked. Sibal said he was overruled by the SC, which entertained the rebel MLAs’ petitions and that is why he was here before the highest court.

When Rohatgi repeated the argument about absence of urgency in the petition to question listing its hearing on Sunday before a special bench, the bench said, “Constituting a bench and fixing a day for hearing on a petition is the prerogative of the Chief Justice of India. Once the bench is constituted, we as judges are duty bound to hear it.”

Senior advocate A M Singhvi listed a string of incidents, from Manipur to Goa, Karnataka to Jharkhand, to impress upon the bench about an identical “modus operandi” of the BJP-led government at the Centre of installing party governments by hook or crook, even when they did not have numbers. Rohatgi replied, “They do not lift a finger for days together and accuse others of wrongdoing when they act decisive

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