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Sachin Pilot case: Breather for warring factions: Verdict on Friday

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5 years ago

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Sachin Pilot

On day 3, Pilot’s counsel says Article 226 gives high courts authority over a Speaker’s actions; ‘What has been done (by the Speaker) was in total violation of the principle of natural justice,” says Mukul Rohatgi; HC asks Speaker to take no action on Pilot and dissidents till Friday’s verdict.

Rajasthan’s 19 dissident MLAs, headed by Sachin Pilot have received a ‘breather’ from the Rajasthan High Court. To be frank, so have CP Joshi, the speaker of the Rajasthan Assembly, as well as Chief Minster Ashok Gehlot. They will have to wait till Friday, when the court will deliver its verdict. The speaker has been directed by the court to not take any action against the dissidents till the verdict is announced.

Three days of the hearings concluded this afternoon.

The third day’s hearing, today, was virtually taken over by Senior Advocate Mukul Rohatgi, who argued that Article 226 gives high courts jurisdiction over Speaker’s actions. Also in the highlight was senior advocate Devdutt Kamat’s argument that voluntary giving up of membership does remain an issue for Sachin Pilot and his men.

On the third day of hearing of the submissions in the petition filed by dissident Congress MLAs, led by Sachin Pilot, Rohatgi today (July 21) argued for the petitioners and cited powers that high courts have under Article 226 of the constitution. As per that article, high courts can exercise jurisdiction over an Assembly Speaker’s actions.

Yesterday the Speaker’s counsel, Abhisekh Manu Singhvi, had stressed that the Speaker was beyond the purview of the High Court of Rajasthan.

As hearings began on the third day Rohatgi defined the powers of the high court as per Article 226 of the Constitution.  He said that under 226, the powers of the high court cannot be curtailed by the constitution or anything else. He said it was part of the basic structure. He said that this was wider than even article 32. Therefore, he said, that the Speaker’s argument that the court cannot act on his decisions is wrong.

What does Article 226 say?

“Article 226 of the Constitution empowers the high courts to issue, to any person or authority, including the government (in appropriate cases), directions, orders or writs, including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto, certiorari or any of them.”

Judgment with facts

Rohatgi clarified that the Kihoto judgment, as referred to in court yesterday, be read according to the facts. “No judgment can be read in vacuum or without the facts,” he said. Reading the judgment, he said that the entire emphasis was on defection from one party to other party. “When you quote Aaya Ram Gaya Ram, you cross the floor.”

Rohatgi also cited the 2008 Deepak Bajaj judgment by Justice Katju.

“I am attacking the motive on several grounds,” he said. “Please note: Notice issued the day complaint is made, maybe even in a few hours same day. The legislative rules of Assembly derive their validity from the Constitution, they are not subordinate. They state that on receiving a complaint he (the Speaker) examines it and is prima facie satisfied. All this was thrown out of the ring. There is nothing on record to show that this was done.”

He added that a normal law under 226, a challenge to a show cause notice, will be entertained on well known factors, such as excess of jurisdiction, colourable exercise of power, etc. “I am saying what has been done was in total violation of the principle of natural justice.  Schedule 10 doesn’t allow a show cause on these facts.”

Citing the case of MLA Dilawar, Rohatgi said: “If there was a lockdown till July, what about Dilawar’s case? Was this more important than him? The proceedings reek of malafide. And this is done during a pandemic! We are amidst COVID. My question is, what was the tearing hurry?”

He added: “The rules say that within 7 days, or such extended period as there may be. The Speaker can, therefore, extend the time period.According to rules, the procedure is like in a court. there are arguments, cross examinations, evidence, etc. The court must ask the Speaker to file a better affidavit answering all the questions raised.”

He also said: “Historically. or ironically, the power should be vested in a neutral tribunal.” He cited the Manipur case that dealt with the fact that Speaker came from a political party.

Stress on membership

Senior Advocate Devadatt Kamat, arguing for Congress and the Speaker, went through the Rajasthan Legislative Assembly Rules of Procedure and said that those rules do not say that reasons need to be recorded in the notice, at this stage. He said: “A lot of things were said, but I’ll not respond to those. I’ll keep within my ‘maryada’.

Continuing from yesterday, Kamat said that there was no rebuttal from either counsels Salve or Rohatgi on the point that the action of Sachin Pilot-led MLAs amount to voluntary giving up of party membership. He said Parliamentary Committee reports with respect to the Tenth Schedule observed that those who wreck inner party discipline must pay the price with disqualification.

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Delhi to install 305 mist sprayers across 9 major pollution hotspots

Chief Minister Rekha Gupta announced that 305 mist sprayers will be installed across nine pollution hotspots in Delhi, alongside expert-led planning and coordinated measures to reduce dust and biomass-related pollution.

Published

12 hours ago

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December 4, 2025

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Delhi-NCR air quality

The Delhi government has announced a large-scale deployment of mist sprayer technology to tackle rising air pollution, with Chief Minister Rekha Gupta confirming that 305 mist sprayers will be installed across nine pollution hotspots in the capital.

Mist sprayers to curb dust at critical locations

During an inspection at ITO, Gupta said the mist sprayers already operational at the site are performing effectively. She noted that 35 poles at ITO have been fitted with these machines, which are helping suppress dust—a major contributor to air pollution in Delhi.

According to the Chief Minister, trials conducted in certain NDMC areas have shown promising results, reinforcing confidence in the technology.

High-level committee to guide pollution-control measures

Gupta announced the formation of a high-level expert committee that will advise the government on effective measures to reduce pollution. The panel will include senior officials from various departments as well as environmental specialists, including experts from IITs. Officials stated that the committee will receive special powers to implement pollution-mitigation strategies.

Departments directed to repair roads, add greenery

The Chief Minister said departments including PWD, DSIIDC and DDA have been instructed to fix potholes, repair and carpet roads, plant foliage along dividers and islands, and take other measures to reduce pollution sources.

She urged residents to report potholes on the government portal for quicker action.

Appeal to RWAs to prevent biomass burning

To curb winter pollution, Gupta advised Resident Welfare Associations (RWAs) to distribute electric heaters to security guards to discourage biomass burning, which significantly contributes to seasonal pollution spikes.

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PM Modi welcomes Vladimir Putin with warm hug as Russian President begins India visit

Russian President Vladimir Putin began a high-profile visit to India on Thursday, welcomed by PM Narendra Modi as both nations prepare to discuss defence, energy and trade cooperation.

Published

13 hours ago

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December 4, 2025

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Vladimir Putin rides in Indian PM Narendra Modi's car on India visit

Russian President Vladimir Putin arrived in New Delhi on Thursday evening for a 27-hour visit focused on strengthening defence, energy and trade cooperation. The visit, marked by a warm embrace and a brief car ride shared with Prime Minister Narendra Modi, underscores the continuity of the India-Russia strategic partnership amid shifting global geopolitics.

Putin receives ceremonial welcome and packed schedule ahead

Putin landed in Delhi around 6:35 pm, where PM Modi personally received him at Palam airport. The two leaders shared a hug before leaving together, with the Prime Minister set to host a private dinner in honour of the visiting President — a reciprocal gesture to the hospitality extended during Modi’s Moscow visit last year.

On Friday, Putin will begin his official engagements with a ceremonial welcome at Rashtrapati Bhavan, followed by a visit to Rajghat to pay homage to Mahatma Gandhi. He is also scheduled to attend the India-Russia Annual Summit at Hyderabad House, where both sides will hold a working lunch.

The Russian President will later inaugurate a new India-based channel of Russia’s state broadcaster and attend a state banquet hosted by President Droupadi Murmu, before departing India on Friday night.

Defence, energy and trade to dominate agenda

Officials have indicated that discussions will centre on defence, energy and trade — the three pillars of the bilateral relationship. Agreements are expected across sectors including shipping, healthcare, fertilisers and connectivity.

Ahead of the summit, defence ministers from both countries held extensive talks, covering additional procurement of S-400 air defence systems and delayed military hardware shipments affected by the Ukraine war. The S-400 platform, procured under a USD 5 billion deal, played a major role during Operation Sindoor.

The Kremlin has also hinted that Russia may propose the Su-57 fifth-generation fighter jet, which would put Moscow in direct competition with Western aircraft makers.

Energy ties face renewed pressure

India remains among the largest buyers of discounted Russian crude. However, fresh US sanctions on key Russian oil producers have led to a dip in purchases.

Putin’s visit also comes at a time of strain in India-US ties, with Washington recently imposing steep tariffs on Indian goods — including measures linked directly to India’s continued oil trade with Russia.

Massive security deployment in Delhi

Delhi Police have stationed over 5,000 personnel across central and New Delhi districts, supported by SWAT teams, anti-terror units, snipers, quick-reaction teams, anti-drone systems, HD-CCTV networks and layered surveillance measures for the visit.

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Rahul Gandhi attacks Centre ahead of Vladimir Putin’s India visit

Rahul Gandhi alleged that the government discourages visiting foreign dignitaries from meeting Opposition leaders, calling it a sign of “insecurity,” hours before Russian President Vladimir Putin arrives in Delhi.

Published

18 hours ago

on

December 4, 2025

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Rahul Gandhi

As Russian President Vladimir Putin arrives in Delhi today for the India-Russia Annual Summit, Leader of the Opposition Rahul Gandhi has renewed his charge that the Centre discourages visiting foreign leaders from meeting Opposition representatives. He called it a sign of “insecurity” within the government.

Rahul Gandhi alleges break in long-followed tradition

Speaking outside Parliament, Rahul Gandhi said that it has traditionally been the norm for visiting foreign leaders to meet the Leader of the Opposition, a practice he claims continued during the tenures of Atal Bihari Vajpayee and Manmohan Singh.

He alleged that the present government advises foreign dignitaries against such meetings. “When foreign leaders come, the government suggests they should not meet the Leader of the Opposition. This is their policy,” Gandhi said. He added that a meeting with the Opposition offers visiting leaders a broader perspective, as “we too represent India.”

Gandhi further stated that this approach reflects the government’s reluctance to allow engagement between the Opposition and foreign guests.

Former Foreign Secretary counters Gandhi’s remarks

Responding to Gandhi’s allegations, former Foreign Secretary and Rajya Sabha MP Harsh Vardhan Shringla said visiting leaders operate on very tight schedules and there is no protocol mandating a meeting with the Leader of the Opposition. He stressed that such interactions depend entirely on the guest’s time and preference, noting that the required meetings are those with the President and the Prime Minister.

Putin’s schedule packed with bilateral engagements

Russian President Vladimir Putin is set to land in Delhi this evening on Prime Minister Narendra Modi’s invitation. His itinerary includes:

  • A private dinner with PM Modi
  • Visit to Mahatma Gandhi’s memorial at Raj Ghat
  • Engagements at Bharat Mandapam and Hyderabad House
  • A banquet hosted by President Droupadi Murmu

The visit forms part of the 23rd India-Russia Annual Summit.

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