The Supreme Court Tuesday said it will consider the Congress’s plea to take on record an audio clip — purportedly of a speech made by Karnataka Chief Minister B S Yediyurappa — about the defection of 17 MLAs in July that led to the fall of the H D Kumaraswamy-led coalition government. However, the court refused to pass an order, saying that its judgment was already reserved in the petitions filed by the Karnataka MLAs against their disqualification by the Speaker.
The bench, led by Justice N V Ramana and also comprising Justices Sanjiv Khanna and Krishna Murari, had heard the petitions filed by the MLAs.
Senior advocate Kapil Sibal told the bench that the new material had emerged after the judgment was reserved and said the audio clip showed that then BJP president Amit Shah was aware of the legislators being taken to Mumbai and kept in a hotel there.
Justice Ramana said all points had been exhaustively argued during the hearing.
Justice Khanna pointed out that the contention about the hospitality provided to the MLAs in Mumbai had also been argued. He pointed out that the judgment had been reserved and said “if you want us to take it on record, it will have huge consequences”.
“Yes, that’s true,” replied Sibal.
“So leave it at that,” said Justice Khanna.
Senior Advocate Rajeev Dhavan said the entire case of the rebel MLAs was based on denial and it was important for the court to take the new material on record.
However, the bench said, “You have brought it to our notice, we will consider it. Allow us to deliver the judgment.”