New Delhi: The Supreme Court refused to stay Bharatiya Janata Party (BJP) leader BS Yeddyurappa's swearing-in as Karnataka Chief Minister.

The apex court, which commenced the hearing at 2.11 am and ended at 5.28 am, however made it clear that the swearing-in and the government formation in the state would be subject to the final outcome of the case before it.

A special bench comprising Justices AK Sikri, SA Bobde and Ashok Bhushan directed the Centre to place before it two communications, sent by Yeddyurappa to Governor Vajubhai Vala in which he had staked claim to form the government, saying their perusal was necessary to decide the case.

The top court also issued notices to Karnataka government and Yeddyurappa seeking their replies on the plea filed by Congress-JD (S) combine and posted the matter for hearing Friday.

While senior advocate Abhishek Manu Singhvi, appearing for Congress-JD (S) combine, persisted with his arguments that the swearing-in ceremony should be stayed or deferred, the bench said, "we are not staying the oath taking ceremony".

Attorney General KK Venugopal, appearing for the Centre, and senior advocate Mukul Rohatgi, representing three BJP MLAs Govind M Karjol, C M Udasi and Basavaraj Bommai, opposed the arguments to defer or stay the swearing-in ceremony, which was scheduled on Wednesday for Thursday morning.

"We do not know what transpired in the meeting between the BJP leader (Yeddyurappa) and the Governor. I do not think BS Yeddyurappa is served or represented here. The whole thing is in a grey area and in a realm of speculation," Venugopal said.

Rohatgi also questioned the manner in which the petition was filed in the midnight and said, "Heavens will not fall if somebody is sworn-in. This is not a matter of life or death or as if someone is going to be hanged".

At the outset, Singhvi referred to the number of seats won by the BJP, Congress and JD (S) and said the Congress-JD (S) combine has the majority in the house with 117 MLAs while the BJP had only 104 seats which was below the majority mark of 112 at present.

He also questioned the Governor's decision to give 15 days time to Yeddyurppa to prove majority in the house and claimed that this might lead to "horse trading" and "poaching" of MLAs.

Singhvi said that they were not sure how much time Yeddyurppa himself had sought from the Governor to prove the majority but as per their information, the BJP leader had sought seven days time.

He urged the court to defer the swearing-in, scheduled to be held at 9.30 AM today, till 4.30 pm and said the Centre or BJP should be asked to place before the bench the letters sent by Yeddyurppa to the Governor.

However, the Attorney General told the bench, "We really do not know what was the basis of which the Governor invited him (Yeddyurppa)".

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Latur (PTI): A minor girl was allegedly kidnapped and raped by an 18-year-old man in Latur, leading to the arrest of the main accused and owners of two cafes where the crime occurred on December 4, police said on Saturday.

Police traced the girl within hours of registering the complaint. The accused, identified as Rihan Gulab Shaikh, was arrested based on the girl's complaint. Two others are owners of two cafes where the crime occurred, police said.

 

Police registered a case under various sections of the Bharatiya Nyay Sanhita (BNS), POCSO Act, and the Prevention of Atrocities Act, an official said.