Next Chief Justice reacts to allegations of judicial overreach amid criticism from BJP leaders
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New Delhi: The Supreme Court has responded to allegations of judicial overreach following recent comments by BJP leaders regarding its landmark judgment, which set a deadline for the President and Governors to clear Bills passed by the legislature for the second time. Justice BR Gavai, who will take over as Chief Justice next month, addressed the issue after a lawyer raised concerns over violence in West Bengal.
Advocate Vishnu Shankar Jain sought directions from the court to deploy paramilitary forces in the region, following violent incidents related to the Waqf Amendment Act protests. The advocate's plea, which was first filed after the post-poll violence in Bengal in 2022, calls for a panel of retired judges to investigate the violence and a report on the displacement of Hindus in Murshidabad.
In response, Justice Gavai remarked, “You want us to issue a writ of mandamus to the President to impose this? As it is, we are facing allegations of encroaching into executive (domain). Please.” His comment indicates that the Supreme Court is closely monitoring the ongoing criticisms, particularly from a section of BJP leaders.
The criticism stems from the Supreme Court’s decision in the Tamil Nadu case, where it ruled that the Governor’s decision to withhold Bills indefinitely was “arbitrary” and violated constitutional norms. The court’s order emphasized that only courts can provide recommendations regarding the constitutionality of Bills and that the Executive should exercise restraint in such matters.
Following this judgment, BJP MP Nishikant Dubey expressed concern over the increasing influence of the judiciary, suggesting that if the Supreme Court continues making decisions on such matters, Parliament and State Assemblies should be shut down. Other BJP leaders, such as Dinesh Sharma and Vice-President Jagdeep Dhankhar, also criticised the court’s actions, with Dhankhar labeling Article 142 as a "nuclear missile" against democratic forces.
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CM Siddaramaiah alleges ‘criminal conspiracy’ in Sringeri recount, vows legal action
Bengaluru (PTI): Alleging a “criminal conspiracy” by BJP candidate D N Jeevaraj in the Sringeri Assembly poll recounting, Karnataka CM Siddaramaiah on Tuesday said the outcome was manipulated after valid postal ballot votes in favour of Congress leader T D Raje Gowda were tampered with during the recounting process.
Following a Karnataka High Court order on an election petition filed by Jeevaraj, challenging Raje Gowda’s election, the reverification and recounting were conducted on Saturday.
After the reverification and recount of postal ballots for the Sringeri Assembly constituency, votes polled in favour of Raje Gowda were reduced by 255, the returning officer said.
A report on the matter has been submitted to the Election Commission of India for further action, the officer added.
Congress leader Raje Gowda had won the 2023 Assembly polls from Sringeri by 201 votes, defeating his nearest rival Jeevaraj.
Addressing a press conference in Bengaluru, Siddaramaiah said the High Court had directed the recounting of postal ballots and that irregularities were noticed during the exercise conducted on May 2.
“This is a clear case of criminal conspiracy,” Siddaramaiah said, alleging that valid votes cast in favour of Raje Gowda were altered after being accepted by counting agents of all parties, including Congress, BJP, and JD(S).
He claimed that during the recounting of postal ballots, 255 votes were initially accepted as valid by all agents but were later tampered with by subordinate officials.
“There is a second mark on the votes polled in favour of Raje Gowda. They had accepted these as valid votes. Subsequently, another mark was made by officials. This is a clear case of criminal conspiracy,” he said.
When asked who was behind the alleged conspiracy, the CM replied, “It was hatched by Jeevaraj and others. It is planned.”
Siddaramaiah further alleged that the returning officer acted improperly by declaring the result despite the presence of an Election Commission observer during the recounting.
“Immediately after the counting, the returning officer announced the result. He should not have done so; this is against the law,” he said.
He pointed out that Raje Gowda had originally won by 201 votes, but after the recounting, the BJP candidate was declared the winner by 52 votes.
“The BJP has committed a criminal act of conspiracy. This is not vote chori but vote dacoity,” he alleged.
The CM said a police complaint had already been filed by Raje Gowda’s election agent, Sudhir Kumar, and emphasised the need for electoral integrity.
“We want transparency and free and fair elections. That is what our Constitution mandates,” he added.
Stating that the government would pursue legal remedies, Siddaramaiah said, “We are preparing an appeal challenging the returning officer’s announcement in a court of law.”
Responding to a separate query on elections in other states, the CM said there appeared to be an anti-incumbency factor in West Bengal, while results in Tamil Nadu were “surprising,” adding that Vijay’s party was emerging as the largest there.
Following the victory of party candidates in Bagalkote and Davanagere South, Siddaramaiah expressed confidence about future electoral prospects in Karnataka.
“Even in 2028, we will win the Assembly elections. We will come back,” the CM said.
Siddaramaiah added that he would order a forensic examination into the alleged tampering of postal ballots.
