India / Voice of dissent can't be suppressed: SC on Rajasthan Speaker's plea

New Delhi: The Supreme Court on Thursday said that dissenting voice in democracy cannot be shut down as it heard a petition filed by Rajasthan assembly Speaker CP Joshi against a high court order directing him to defer disqualification proceedings against Sachin Pilot and 18 other dissident Congress MLAs.

The Speaker argued in his petition that it is the top court’s duty to ensure that all constitutional authorities act within the “Lakshman rekha” drawn for each one of them.

“Can a person elected by people not express his dissent? Voice of dissent cannot be suppressed. In a democracy, can somebody be shut down like this?” Justice Arun Mishra asked Kapil Sibal, who is representing the Rajasthan Speaker.

The three-judge bench also included justices B R Gavai and Krishna Murari.

The bench told Sibal that the high court had requested the Rajasthan Speaker to only wait till July 24. Sibal replied, “Suspend the word ‘direction’ from the order, court can’t do this.” The court replied, “So problem is only with the word? Order everywhere says ‘request’.”

The court said the matter requires prolonged hearing. “You can have prolonged hearing but interim direction to speaker should be removed. My lords have never passed an interim order like this,” said Sibal.

Justice Mishra asked Sibal on what grounds the disqualification was sought. “MLAs didn’t attend party meet, they’re indulging in anti-party activities. They’re in a Haryana hotel, incommunicado & sought floor test against their own party,” said Sibal.

It was then that the judge asked him why can’t a person elected by people not express his dissent.

Sibal, meanwhile, quoted from a Supreme Court judgement from March in the Manipur crisis. “Justice Nariman’s judgment in Manipur is in my favour. It is asking speaker to decide the matter, not defer the decision,” he said.

When the bench asked if the Speaker can be an aggreived person, Sibl said, “I am not an aggrieved person. I am here because I have been asked not to decide the matter. That is against Constitution bench.”

He also said that courts cannot decide on the matter, and that the Speaker has asked for an explanation from the dissident MLAs. “If the Speaker is satisfied, he won’t disqualify them,” said Sibal.

Speaker Joshi has argued in his petition that the disqualification proceedings under the Tenth Schedule of the Constitution are the business of the legislature, and cannot be interfered with.

The disqualification notices were issued on the request of Rajasthan chief whip who said that the dissident MLAs did not attend the party’s CLP meetings. Pilot and other dissidents, meanwhile, argued that a whip cannot be issued when the assembly is not in session.

The Congress has 107 members in the 200-member state assembly and the BJP 72.

If the 19 dissidents are disqualified, the half-mark in the House will be slashed to 91, seeming making it easier for Gehlot to retain majority support.