Singhvi gave final touches to Cong plea at 10.30pm
This petition was finalised by around 7pm on Wednesday and vetted and cleared by Singhvi for filing in the Supreme Court to kill the delaying option available to the governor.
However, TV channels started hinting around 8pm on Wednesday that the governor may invite Yeddyurappa to form the government. It triggered a panic reaction in Congress, whose seniors then consulted Singhvi. The lawyer called upon Kamat and other juniors to urgently redraft the petition again and turn it on its head to challenge the governor’s decision as unconstitutional since he was denying invitation to form government to a postpoll coalition with demonstrable majority in the House.
Kamat and his juniors redrafted the petition. It required a completely new set of judgments to be cited to buttress the argument that the governor had no discretion but to invite a coalition which presents ex facie evidence of commanding majority support in the House to form the government. It was already 10.30pm when Singhvi gave the final touches to the petition. Copies were made for filing in the court.
The legal team rushed to the court at10.30pm but found the gate closed. They encountered a bunch of stubborn security guards who, oblivious to the situation’s urgency, refused to open the gates. The registrar of the court came to the scene and facilitated their entry at 11pm. He scrutinised the petition and asked what the urgency was. Kamat gave an explanation and said it was not for the registrar to decide if the petition required urgent hearing. He wanted to argue urgently before CJI Dipak Misra, master of the roster who could constitute a bench.
The registrar left for the CJI’s residence at 12.30am. The CJI consulted the judges before it was announced that the hearing would be in the SC in court number 2 at 1.45am. Court number 2 stirred a reaction in the media, which speculated that the bench would be headed by Justice J Chelameswar, who had recently led a press meet of four senior judges against the CJI’s allegedly arbitrary administrative decisions on case allocations. Officials clarified to the media outside the SC that the petition would be heard in court number 6 and that the bench would be headed by Justice A K Sikri.