MLAs can’t be held captive, says top court

Asks Speaker when will he decide on MLAs’ resignations

The Supreme Court is set to decide the fate of 16 rebel Congress MLAs of Madhya Pradesh, who hold the key to the survival of the Kamal Nath government as the weeklong political crisis in the state took an ugly turn on Wednesday, with Congress workers holding protests at several places in the state.

The Supreme Court, which began hearing petitions on the ongoing political turmoil in the state filed by various parties and individuals, observed that as of now the constitutional court (the bench hearing the case) knew that 16 MLAs of MP, lodged in a resort in Bengaluru, tilted the balance one way or the other.

A division bench of Justices D.Y. Chandrachud and Hemant Gupta also made a significant observation that the 16 MLAs may or may not take part in the business of the House, but they cannot be held captive since they need to be ensured free exercise of their choice in this regard. The bench also declined an offer for the production of the MLAs in judges’ chambers and rejected a proposal to send its registrar-general to meet them. The court then adjourned the hearing in the matter till Thursday.

In another development, the Karntaka High Court on Wednesday dealt a blow to the Congress as it rejected a writ petition filed by Congress’ Rajya

Sabha nominee and former chief minister Digvijay Singh who had sought access to the 16 rebel party MLAs.

Earlier, high drama was seen in Bengaluru as several senior MP Congress leaders, including Mr Singh, held a staged sit-in before the resort where the 16 MLAs were staying, demanding access to them.

The police deployed at the resort stopped them from storming the resort and later detained them. The Congress leaders, who included six ministers of the Kamal Nath government, were later released.

The resignation of an MLA has to be accepted by the Speaker and it cannot be said to be accepted because the Governor saw something on TV, this is a new jurisprudence

MP SPEAKER N.P. PRAJAPATI TO SUPREME COURT