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Tuesday, November 5, 2019

Judgement is ready, wait for it: SC on Cong's plea to consider BSY audio tape

Disqualified MLAs case
However, no notice has been issued officially yet by the Supreme Court whether it will take the audio tape on record in the Karnataka MLAs disqualification case.
The Supreme Court on Tuesday told the Congress that the judgement is ready in the Karnataka disqualification case and asked the party to wait for the verdict. The court was hearing the application moved by Congress counsel Kapil Sibal asking the court to take on record the audio tape, allegedly of Karnataka Chief Minister Yediyurappa, as evidence in connection with the 17 disqualified MLAs' case.  The Supreme Court had initially questioned the relevance of the audio tape submitted by Congress's counsel Kapil Sibal. "We have extensively covered everything. What is its relevance?" the court questioned.  Sibal argued that the video, audio tape and newspaper clippings that were submitted to the court on Monday proved that the BJP was involved in coercing the rebels MLAs into resigning. A video surfaced on Friday evening allegedly showing Karnataka Chief Minister BS Yediyurappa admitting to carrying out Operation Kamala in the state on the instructions of BJP's national leaders. While the audio was captured, one could not confirm if it was, in fact, Yediyurappa who was addressing the meeting. The Congress had submitted copies of the tape to the Supreme Court.  "We will see. This may have consequences and would delay the judgment. Issue of influence was raised in the arguments too," the court said. Congress counsel Sibal further told the court that the audio tape proved that Union Home Minister Amit Shah was involved in engineering the defections. The court said it will take note of the submission made.  The court has reserved judgement in the case and the verdict is expected to be out in the next few days.  The rebel leaders had moved the Supreme Court seeking that the disqualification orders passed by former Karnataka Assembly Speaker KR Ramesh Kumar. The rebels had contended that they had resigned of their own volition and were not coerced into withdrawing their support for the Congress-JD(S) coalition.  "There is hard evidence to show that BS Yediyurappa and Amit Shah were clearly involved in engineering the resignations. These MLAs were clearly coerced with the promise of money and power. The Supreme Court has decided to consider the evidence that was submitted. The truth will prevail," said Prakash Rathod, a member of the All India Congress Committee legal cell.  The Congress has accused Yediyurappa of confessing to poaching 17 rebel legislators from Congress and JD(S), which led to the collapse of the coalition. The Congress has requested the Supreme Court to uphold former Speaker KR Ramesh Kumar’s order, which had disqualified the rebel MLAs and made them ineligible to contest bye-elections for the rest of the present Karnataka Assembly’s term. Kapil Sibal told the court that if the Speaker’s order is not upheld, then the 10th Schedule of the Constitution (anti-defection law) would be compromised. Chief Minister Yediyurappa has, however, issued a clarification on Saturday regarding the viral video. “Yes, I had spoken to the party workers in Hubballi and I told them to say good things about the disqualified MLAs,” Yediyurappa had said.    
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