Speaker’s order disqualifying 17 MLAs can't deprive them of right to contest polls: EC to SC
New Delhi, Sep 23: The Election Commission told the Supreme Court Monday that former Karnataka Speaker's order disqualifying 17 MLAs from the Assembly cannot deprive them of their right to contest the upcoming by-polls for 15 constituencies in the state.
The EC sought from the apex court, which agreed to examine the pleas of the MLAs seeking stay on disqualification and for contesting the by-elections, that the by-polls should not be stayed.
A bench of Justices N V Ramana, Sanjiv Khanna and Krishna Murari said it would hear the pleas on September 25.
"I have no say on the issue of disqualification. The gist of the matter is that the Speaker has disqualified them and vacancy is there. The election should not be stayed," EC's counsel told the bench.
"The Speaker's order cannot deprive them of the right to contest the elections," the EC said.
The top court issued notices to the speaker of Karnataka Assembly, Karnataka Congress and JD (S) leaders and the state government on the petitions.
Senior advocate Mukul Rohatgi, appearing for the disqualified MLAs, told the bench that either the by-polls, for which nominations can be filed till September 30, should be stayed or these politicians should be allow to contest the by-elections.
Senior advocate Kapil Sibal, appearing for the other party, questioned the EC stand saying it was surprising.
"Why the Election Commission has come and said so, we are surprised," Sibal said.
Rohatgi said that order of the then Speaker K R Ramesh Kumar disqualifying these 17 MLAs should be stayed as he had said that the resignations tendered by them might be voluntary, but "motivated".
He said Kumar had given only three days to these MLAs to respond to the disqualification notices which was completely illegal as according to the Karnataka Assembly rules a minimum of 7-day notice period has to be given for disqualification.
"If someone does not wish to be an MLA, nobody can force him unless there is a gun on his head," Rohatgi said, adding that they have been disqualified for the remaining tenure of the current Assembly which would end in 2023.
"We should be entitled to contest the election (by-polls)," he said, adding that the then Speaker had said in his order that these disqualified MLAs cannot even contest the by-polls during the tenure of this Assembly till 2023.
"The seven day period to file reply to the notice cannot be curtailed and the Speaker had given us only three days to respond. This is completely illegal what the Speaker has done in this case," he said.
While countering Rohatgi's submissions, Sibal said that facts referred to him are contrary to the records.
"I have to respond on this," Sibal told the bench, adding that no interim orders should be passed at this stage.
To this, the bench said, "We are willing to hear this".
The bench, while posting the matter for hearing on September 25, asked Rohatgi and Sibal to confine their arguments on the point of interim relief sought by these disqualified MLAs.
The then Speaker had disqualified these MLAs which eventually led to the fall of the Congress-JD(S) coalition government headed by the then chief minister H D Kumaraswamy.
Kumaraswamy resigned as the chief minister after losing a trust vote, which paved the way for the BJP-led government in the southern state under Chief Minister B S Yediyurappa.
The disqualified lawmakers have approached the apex court, challenging Kumar's decision to disqualify them.
Some of them have contended in their pleas that the decision taken by Kumar before resigning as the Speaker was an entirely illegal, arbitrary and mala fide exercise of his power under the 10th Schedule of the Constitution.
They have also questioned Kumar's decision to reject their resignations by holding that those were not voluntary and genuine.
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CCTVs in police stations: SC asks amicus to convene meeting on utilisation of funds
New Delhi (PTI): The Supreme Court on Tuesday said that a meeting be convened on May 6 to deliberate on the aspect of utilisation of funds by the states on installation of CCTVs in police stations across the country.
A bench of Justices Vikram Nath and Sandeep Mehta asked senior advocate Siddhartha Dave, who is assisting it as an amicus curiae in a suo motu matter concerning lack of functional CCTVs in police stations, to hold a meeting on May 6 with the Centre, all states and Union Territories.
"We are of the view that a meeting be convened by the amicus, as done earlier, in which the home secretary of the central government or his nominee not below the rank of joint or additional secretary and the home secretary of states/Union Territories will participate," the bench said.
The issue cropped up after the amicus flagged the aspect of utilisation of funds by the states.
Dave told the bench that in UTs, the Centre gives 100 percent funds while in hilly states, the central government gives 90 percent funding.
He said in remaining states, the Centre gives 60 percent while the rest 40 percent funding is by the respective state.
"Why don't we get responses of the states only on utilisation of funds?" the bench said.
The top court suggested that the amicus can convene a meeting with the Centre, states and UTs on the issue.
It posted the matter for hearing on May 13 and said that a report be submitted before it.
On April 7, the Centre told the top court that all issues concerning installation of CCTVs in police stations would be sorted out within two weeks.
Attorney General R Venkataramani had told the bench that he was taking stock of the issue and a lot of things were happening.
On February 26, the apex court directed the Centre and others to participate in a meeting to deliberate upon the feasibility, modalities and implementation framework of the issues, including creation of a centralised dashboard and standardisation of CCTV infrastructure in police stations.
The top court had earlier directed registration of a suo motu case over the lack of functional CCTVs in police stations after taking cognisance of a media report.
The apex court had in 2018 ordered the installation of CCTV cameras across police stations to check human rights abuses.
In December 2020, the top court directed the Centre to install CCTV cameras and recording equipment at the offices of investigating agencies, including the Central Bureau of Investigation (CBI), the Enforcement Directorate (ED) and the National Investigation Agency (NIA).
It said that states and UTs should ensure that CCTV cameras were installed at every police station, at all entry and exit points, main gate, lock-ups, corridors, lobby and reception, as well as in areas outside the lock-up rooms so that no part was left uncovered.
The top court said that CCTV systems must be equipped with night vision and have audio as well as video footage.
The court made it mandatory for the Centre, states and the UTs to purchase such systems which allow storage of data for at least one year.
