New Delhi, May 17: Few would disagree with senior Supreme Court lawyer Abhishek Singhvi when he says that 15 days to BSY is licence to poach Congress JDS MLAs. He reasons out these allegations with ample reasning and says that even elementary commonsense tells that no one with 104 can cross 112 without massive horse trading.
Singhvi was arguing on behalf of the JD(S) and his party last night. Senior Congress leader Abhishek Singhvi told the Surpreme Court bench, constituted by Chief Justice Dipak Misra to hear the matter of the governor calling the BJP to form government in Karnataka, that the governor has negated democracy by not calling the alliance commanding majority in Karnataka. Abhishek Singhvi shoots 10 uncomfortable questions to BJP which they cannot answer or rather would never want to answer:
1. It is the biggest license to poaching if the governor gives 15 days to BJP to prove majority as in earlier such cases 48 hours were given by SC: Singhvi said.
2. He said the BJP has 104 MLAs and Governor invited BS Yeddyurappa to form government in "unconstitutional manner, even as JD(S) leader HD Kumaraswamy along with the Congress has 116 MLAs supporting him.
3. Ever heard of 15 days to prove majority to a 104 MLA strength party when opposers gave lists totalling 116, commented Sanghvi
4. Citing instance where the apex court had reduced the floor test duration, he said in the Jagdambika Pal UP case, Anil Jha Jharkhand case and the Kevalker Goa case he said majority had to be proved between 48 hours to seven days in the cases.
5. He said there was no reason for the Supreme Court to differ this time. The governor has given the BS Yeddyurappa 15 days to prove his majority.
6. He said Governor Vala could not have given written permission and license to poach more effectively than by the letter giving BSY 15 days to prove his majority.
7. Elementary commonsense tells that no one with 104 can cross 112 without massive horse trading.
8. He added that BSY had in fact asked for seven days time to prove his majority, but the governor gave him 15 days. "This by itself is enough to prove that Constitutional norms have been discarded & (the governor was) acting virtually as a partisan agent of the central Govt."
9. He also said it was very gracious of the Supreme Court to fix the hearing at 1:45 am and showed that justice never sleeps and accessibility is 24x7, where merits so demands.
10. "Which apex court in world allows such accessibility? SC deserves immeasurable kudos for sitting three-and-a-half hours from 2am. Patient hearing par excellence. Though no stay, bench made swearing fully subject to further orders. In a sense BSYs oath is provisional."
News24Bureau with Agencies