New Delhi: The Supreme Court on Friday warned the Uddhav Thackeray-led faction against making public statements suggesting that the apex court was delaying the hearing of petitions relating to the Shiv Sena split.
A bench of Chief Justice of India (CJI) Surya Kant and Justice Joymalya Bagchi was hearing a petition challenging the Election Commission of India’s decision to recognise the Eknath Shinde camp as the official Shiv Sena, along with a petition filed by Sunil Prabhu challenging the previous Maharashtra Assembly Speaker’s refusal to disqualify members of the then Shinde faction.
When counsel for the Uddhav Thackeray-led side requested an early hearing, the CJI-led bench said: “First, you stop your people from going to the media and making irresponsible statements saying that the Supreme Court is not deciding.”
“You seek a date here and then say that the Supreme Court is not deciding. We are issuing a warning. Be careful when using your words. I am not a person who will accept this kind of conduct,” CJI Surya Kant said.
Senior advocate Devdatt Kamat, appearing for the petitioner side, said his side was ready to argue whenever the top court could allocate sufficient time.
“Whenever your lordships have a couple of hours’ time for each side, your lordships may fix it,” he said, adding that the petitioners were anxious as “for three years, they have been waiting”.
“We expect cooperation from both sides,” the CJI bench observed, adding that “whatever delay has happened at any stage of hearing, such irresponsible statements are being made”.
Senior advocate Mukul Rohatgi, appearing for the opposing side, said that no litigant had a right to make such comments against the judiciary and clarified that his side had not engaged in such conduct.
“We know how much pressure is upon the court. Our side hasn’t done it. It should not be made by any side,” he submitted.
The bench said: “We are sitting here till 4 p.m.. If somebody finds us sitting idle, we can understand that.”
The apex court eventually posted the matter for hearing in July.
The petitions challenge the ECI’s order recognising the Shinde faction as the official Shiv Sena and granting it the party name and the iconic “bow and arrow” symbol. The Uddhav Thackeray-led faction has contended before the apex court that the poll body failed to discharge its duties as a neutral arbiter under para 15 of the Symbols Order and ignored the organisational support enjoyed by the original leadership.
The Supreme Court had, in March 2023, refused to stay the ECI order but agreed to examine whether the poll body had acted within its quasi-judicial mandate while adjudicating the rival claims.
(IANS)
