Singhvi gave fi­nal touches to Cong plea at 10.30pm

The Times of India (Mumbai edition) - - TIMES NA­TION -

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.

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