Fax glitch, says SC; Centre has to wait on Gujarat

Solicitor General Harish Salve, however, requested the five-judge bench headed by Kirpal to proceed with the reference and fix a schedule of hearing as, independent of the registry, the Centre also despatched copies of those notices to all the states by courier the very day they were issued by the court.

The Chief Justice, declining to act on Salve’s oral submission, said the Government should have filed an affidavit stating that it had served the notices on all the states.

Congress counsel Kapil Sibal added to the Centre’s discomfiture by urging the bench not to issue any directions in the matter till the court record was complete in respect of the notices. Adjourning the reference to September 2, the court mentioned that the states that are yet to receive the notice from the registry include Tamil Nadu. In an oblique reference to the controversy raised by Jayalalithaa over the President’s swearing-in ceremony, Kirpal jokingly said, ‘‘If Tamil Nadu does not get the notice, we may have to send an invitation to it.’’

Quick on the uptake, Salve pointed to the presence of Tamil Nadu’s counsel in the court and said: ‘‘No, my lord, they are already here without an invitation.’’ The proceedings took a semantical turn as Salve and Sibal competed with each other to supply words when Kirpal paused midway through a sentence. Kirpal said: ‘‘Since it raised important questions, we would like to dispose of the reference … ’’ Salve said: ‘‘… as expeditiously as possible.’’ Sibal countered that with a significant variation: ‘‘… with reasonable expedition.’’

Salve argued that his own expression was preferable because it was ‘‘less ambiguous.’’ Kirpal, who is due to retire in two months, smiled in amusement at the not-so-subtle attempts by the two senior advocates to pull him in opposite directions.