"Operation Successful If Patient Dead?" Supreme Court On BRS MLAs' Case

Can it be the case every time that the operation is successful, but the patient is dead? The Supreme Court asked on Tuesday, questioning the delay by the Telangana Speaker in deciding the petitions for disqualification of BRS MLAs who crossed over to the ruling Congress.

The Supreme Court bench, comprising Justices BR Gavai and Augustine George Masih, sought responses of the state government, Speaker's Office, Telangana legislative assembly secretary, Election Commission of India and the defected lawmakers before the next date of hearing, which has been posted for March 25.

"It can't be the case that the operation is successful, but the patient is dead. What is the right time to decide on a disqualification notice? Should it happen at the fag end of the Speaker's tenure? What about democratic norms?" Supreme Court Judge BR Gavai asked. 

While one of the petitions challenges the November 2024 order of the Telangana High Court over the disqualification of three BRS MLAs who joined the ruling Congress, the other petition is over the remaining seven legislators who defected.

Earlier, the top court had granted time to the Speaker to inform the court without issuing notice. But today, lawyers Abhishek Manu Singhvi and Mukul Rohatgi, representing the Speaker, informed the top court that no reply could be filed since no notice was issued.

"Even though it is hyper technical we don't want it to be said that the case was decided against principles of natural justice. Hence we issue notice. Returnable on March 25," said the Supreme Court.

The top court said the judicial registrar should ensure the notice is served upon the Speaker.

The Congress thumped the Bharat Rashtra Samithi or BRS in the 2023 election. The national party won 64 of 119 Assembly seats. K Chandrashekar Rao's party, which swept 88 in the last election, got just 39 this time, and the Bharatiya Janata Party and Asaduddin Owaisi's AIMIM got eight and seven.