I Appear As A Lawyer, Not Politician: Solicitor General Tushar Mehta Says Kapil Sibal Wears Two Hats Before Court
The Supreme Court yesterday gave the Speaker of the Maharashtra State Legislative Assembly a “final opportunity” to chalk out a Schedule for hearing the disqualification petitions from Udhav Thackery faction of the Shiv Sena and the NCP expeditiously. During the hearing, some heated exchange of words happened between Solicitor General Tushar Mehta appearing for the Speaker of the Assembly and Senior Advocate Kapil Sibal appearing for the Udhav Thackery faction of the Shiv Sena and the NCP.
The petitions for disqualification have been filed by Sunil Prabhu, who is a member of the Uddhav Thackeray-led Shiv Sena faction, and Jayant Patil, a member of the Nationalist Congress Party (NCP). Tushar Mehta yesterday sought more time to have a one-to-one dialogue with the Speaker to come up with a ‘realistic’ timeline on when the petitions can be decided.
During the hearing, when the bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra enquired about the total count of petitions before the Speaker, the Solicitor General submitted that NCP filed some disqualification petitions as recently as in September. However, Senior Advocate Kapil Sibal vehemently objected by saying, “Don’t say the wrong thing”.
“I am appearing as a lawyer, I leave it to your lordships. I don’t wish to be a politician milords”, said Mehta in response.
“How am I being a politician, if I give the dates?”, Sibal asked the bench.
“I am addressing your lordships, he is addressing someone else”, Mehta responded.
“No, no you gave the wrong date that is why I am saying”, Sibal in turn said.
On that, Mehta commented, “That is the problem of wearing two hats”.
Thereafter, after some discussion, when the CJI was summarising what Sibal submitted, the SG said, "That is exactly what I said. Then Mr. Sibal jumped to satisfy someone else". He further said, "I am only assisting your lordships. I have nobody else to satisfy, except your lordship's conscience".
Accordingly, the bench in its order noted, “The disqualification petitions have to be adjudicated upon with all expedition otherwise the very purpose of the 10th schedule would stand defeated. We are not satisfied with the time schedule which has been indicated before this court previously since adhering to that time schedule as set out could not result in any immediate or foreseeable conclusion on the disqualification petitions. Mr Tushar Mehta, learned Solicitor General has apprised the Court that during the ensuing recess, the Dusshera break, he would personally engage with the Speaker of the Maharashtra Legislative Assembly so as to indicate a firm set of modalities to ensure the conclusion of the hearing of the election petitions. Before this court issues peremptory directions setting out the time schedule for compliance, we are of the view that a final opportunity should be granted to prescribe a realistic time schedule for the disposal of the disqualification petitions, particularly to the assurance given to this court by the learned Solicitor General. List on October 30, 2023".
The Supreme Court on the last occasion made strong remarks against the Speaker of the Maharashtra Legislative Assembly considering the delay in the matter to decide on the disqualification petitions filed against Chief Minister Eknath Shinde and other Shiv Sena MLAs. The Chief Justice of India D.Y. Chandrachud remarked, “He (the Speaker) must take a decision within a period 2 months. Because you know, 6 months have elapsed. Some measure of seriousness has to be imparted to the tribunal under the 10th Schedule. Nobody is telling him how to decide, that is his discretion…These proceedings before the Tribunal under The 10th Schule (while saying that it is not a generalised statement) should not be reduced to a charade…”.
It is pertinent to note that the Court had earlier directed the Speaker of the Maharashtra legislative assembly to decide on the disqualification petitions filed against Chief Minister Eknath Shinde and other Shiv Sena MLAs, within one week. The Shiv Sena faction had tied up with the BJP to form a new government in June 2022. The plea alleges that Speaker, Rahul Narwekar is deliberately delaying the adjudication despite the May 11 verdict of the Apex Court. In the May 11, 2023 judgment, the Court had directed the Speaker to decide the matter ‘within a reasonable time’.
For the background, the pleas allege that Speaker, Rahul Narwekar is deliberately delaying the adjudication despite the May 11 verdict of the Apex Court. In its May 11, 2023 judgment, the Court had directed the Speaker to decide on the matter ‘within a reasonable time’.
Previously, the CJI led bench had observed, “While this Court is cognizant of the need to ensure the sense of comity between the Speaker who is the head of the Legislative Assembly, we would equally expect deference and dignity to the directions which have been issued in the exercise of its constitutional power of judicial review. We now direct that the proceedings shall be listed before the Speaker who is constituted as an election tribunal under the X Schedule, no later than within a period of one week, when procedural direction shall be issued for completing the record and setting out the time schedule for the hearing of the disqualification petitions”.
