SC: MLAs can’t be kept in captivity

The Supreme Court on Wednesday said that 16 rebel Congress MLAs, who can tilt the power balance in Bhopal, can’t be kept in captivity and must be free to take their own decision.

“One concern that we have is the Speaker hasn’t decided for these 16. They (Congress) say 16 have been whisked away to Bengaluru. We can’t compel MLAs to attend the proceeding (of the Assembly) but what we can do is to ensure they can take their own decision. That’s the duty of a constitutional court,” said Justice D.Y. Chandrachud heading the bench, also comprising Justice Hemant Gupta. While emphasising that the rebel MLAs will exercise free will in deciding the course they want to take, the court brushed aside the suggestion that they can be produced before the judges in their chambers or the Registrar General of Karnataka high court could go and meet them on Thursday. Addressing its concern that rebel lawmakers should exercise their choice on their own volition, the court asked, “How does a court ensure that there is a free exercise of choice that these members can make. As a constitutional court, we also have to discharge our duties.” In an obvious reference to Madhya Pradesh governor sending a communication to CM Kamal Nath — based on the TV coverage of rebel lawmakers’ press conference — saying that prima facie he has lost majority support, Justice Chandrachud said, “We can’t say that we have seen at TV and so we are certain. We are a constitutional court and we have to ensure this.” The court observation came in the course of the hearing where Congress insisted that 16 MLAs who have been “hijacked” to Bengaluru and being kept in “captivity” be brought back to Bhopal.” Taking note of Congress insistence that they be allowed to interact with the rebel MLAs and BJP resisting the suggestion, Justice Chandrachud said, “It is their choice whether they want to enter (the state Assembly), comply with whips etc. But certainly, when allegation is that they are being held in captivity, we have to see they are at free will.”