Sachin Pilot's plea in court invokes freedom of speech

Rajasthan political crisis: Sachin Pilot’s plea in HC invokes 'Freedom of speech'; Two-judge bench to take plea 

BACKDROP

Congress rebel Sachin Pilot filed a petition seeking dismissal of the disqualification notices served to him and his 18 loyalists among the whole political crisis going on in Rajasthan after Sachin Pilot decided to leave Congress and gaining the tag of “rebel”. The whole act of rebel was against the leadership of chief minister Ashok Gehlot, alleging ill-treatment and the state government’s alleged failure to fulfil promises made nearly two years ago before assembly polls.

Pilot and his followers are being represented by a legal team led by senior advocates Harish Salve and Mukul Rohtagi, who are contesting a notice of disqualification served on their clients by Rajasthan assembly speaker on the request of Congress chief whip Mahesh Joshi.

ISSUE RAISED IN PETITION

The petition by Sachin Pilot was later amended by him which caused a delay in hearing. In the petition’s earlier form, Sachin Pilot had argued that missing two meetings of Congress Legislative Party did not amount to defection.In the amended version, the petition argues that the “expression of dissatisfaction or even disillusionment against the party leadership” cannot be treated as conduct that could be covered under the anti-defection law.

It adds that expression of views and opinions, howsoever strongly worded, cannot be considered to trigger the anti-defection law, “the said clause would not stand the scrutiny and will have to be declared ultra vires the basic structure of the constitution” since it violates the lawmakers freedom of expression, it argues.

DEVELOPMENT SO FAR

Rebel Sachin Pilot has won a reprieve of sorts today in his court battle with the Congress in Rajasthan. Rajasthan High court has deferred any action to be taken against him and 18 other rebel Congress MLAs by the Speaker till Tuesday 5.30 PM.The court said it would resume the hearing on Monday 10 am. 

Earlier in the day, the Congress removed two of its MLAs from its primary membership for allegedly being involved in the conspiracy to topple the Ashok Gehlot government. The party also demanded a FIR against Union Minister Gajendra Singh Shekhawat for allegedly bribing the legislators in the state.