Press Briefing Monday, 16th May 2011

Shri Manish Tewari addressed the media today.


Shri Manish Tewari said without prejudice to whatever the Governor of Karnataka may or may not have said to the central government, allow me to demolish the claim of legitimacy based upon manufactured majorities which the BJP has been tom-tomming since yesterday and I would do that by quoting from Supreme Court judgment of 13.5.2011 which has certain very pungent observations to make about the fine art which the BJP has developed of conjuring majorities and this is what the Supreme Court had to say about the Chief Minister and the Speaker of Karnataka Assembly. Para 77 page 99 of the judgment “There was no compulsion on the Speaker to decide the disqualification application filed by Shri Yeddyuruppa in such a great hurry within the time specified by the Governor to the Speaker to conduct a ‘vote of confidence’ in
the government headed by Mr. Yeddyuruppa. However, the next one is even more interesting and I would urge you to listen to it carefully. Para 86 page 114 and 115 – “having concluded the hearing on 10th October 2010 by 5 pm, the Speaker passed a detailed order in which various judgments both from Indian courts and foreign courts and principles of law from various authorities were referred to on the very same day. “ What is this?

Observation or stricture of the Supreme Court implied – I would leave it to your good sense to decide. It does not finish here. Para 77 page 98 “This conduct on the part of the Speaker is also indicative of hot haste with which the Speaker disposed of the disqualification petition as complaint of by the appellants”. And last two are really the crown jewels. Para 91 page 120 “we are constrained to hold that the proceedings
conducted by the Speaker on the disqualification application filed by Shri B.S. Yeddyruppa do not meet the twin tests of natural justice and fair play.” And finally, Para 87 page 115 “unless it was to ensure that the trust vote did not go against the Chief Minister, there was no conceivable reason for the Speaker to have taken up the disqualification application in such a hurry.” These strictures by the Supreme Court raise a very basic question. Does the Chief Minister of Karnataka or the Speaker of Karnataka Assembly have the moral right to continue even for a single moment, after these observations of the Supreme Court on their conduct? The reality is that from the 11.10.2010 the BJP has been running an illegal government based upon a manufactured majority which was obtained by the abuse of constitutional office and it does not end there. While the Speaker was doing his job, the BJP central leadership including both the leader of opposition and the former Chairperson of NDA were lauding him in their memorandum to the President of India. There is a very interesting line – on 13.10.2010 it says “it was incumbent upon the Speaker to disqualify such persons with immediate effect”. I would like to ask that was the decision of the Speaker, which was held to be erroneous by the Supreme Court, a command performance at the behest of the BJP leadership in Delhi. When you are making such authoritative of how the Speaker would be conducting himself, it shows as to how much respect you have for the constitutional authority. The BJP has succeeded in elevating sophistry to the fine art of chicanery, insinuations to the fine art of trickery and that is the basic DNA code of the BJP.

To the question on the reaction of the Congress party on the situation prevalent in Karnataka and whether the Chief Minister of Karnataka should resign in view of the strictures of the Supreme Court and whether there should be President rule in Karnataka and if the Governor has
over-stepped in his functions and other related questions thereto, Shri Tewari said whatever has to be done in Karnataka, that is for the central government to decide. Insofar as we are concerned, I have pointed out, chapter and words, quoting from the Supreme Court judgment as to how the Apex Court of this country has commented on the conduct of both the Chief Minister of Karnataka and the Speaker of Karnataka Vidhan Sabha. Under these circumstances, after inviting such strictures, does it be hove those who claim to be tom-tommers of morality to allow their Chief Minister and the Speaker to continue even for a single moment and after these strictures against the Speaker, what sort of confidence in him, is going to inspire among the members of that House.

Shri Tewari further said insofar as what has to be done in Karnataka is concerned, that is for the central government to decide. Insofar as the conduct of the BJP is concerned, I have quoted from the Supreme Court judgment and pointed conduct out to you. As to why we are not demanding the resignation of Chief Minister Mr. Yeddyuruppa or the speaker of the Vihdan Sabha, you demand the resignations of those from whom you expect morality. If there would have even an iota of morality, in either Mr. Yeddyuruppa or the Speaker of the KarnatakaVidhan Sabha, after these strictures, they would have resigned there and then itself.

Shri Tewari also added what the Governor may or may not have sent to the central government is inter-se between the governor and the central government. I am not privy to that. So, therefore, for me to comment on something which we are not privy to, I think, would be an exercise in fantasy and unlike the BJP, we do not do this exercise of fantasy making. What is there in public domain, what are perhaps the most serious strictures on the conduct of a political party and constitutional functionaries, I have pointed them out to you.

On another question if the present situation in Karnataka can be compared with that of Shri Vilasrao Deshmukh in Maharashtra, Shri Tewari said the decision of the Supreme Court in the context of Mr. Vilasrao Deshmukh was on an entirely different footing and on an entirely different set of facts. So, therefore, if at all, at some point in time you want to go into that, I would be more than happy to do so. So, therefore, let us not try and compare apples with pears. We are talking about Karnataka here and we are talking about the strictures passed by the Supreme Court on the Chief Minister of Karnataka and Speaker of Karnataka Vidhan Sabha.

On the question of open invitation by TMC  for the Congress party to join her government in West Bengal, Shri Tewari said large number of you has just covered the call which the President of TMC has made on the Hon’ble Congress President; obviously there would be discussion on the whole issue which would take place and once things have crystallized, we will definitely get back to you.

On a question whether Ms. Jayalalitha has been invited for tea by Smt. Sonia Gandhi, Shri Tewari said the Congress President had made a courtesy call on the various political parties who have won in various states. So, therefore, what transpired in those conversations, I am not privy to that and, therefore, would not be in a position to comment upon the contents of that conversation.

On another question on the formation of government in Tamil Nadu,  Shri Tewari said answer to that question was given very elaborately by Shri Pranab Mukherjee on 13.05.2011 from this podium. I have nothing more to add or subtract from that. 



(Tom Vadakkan)
Secretary, AICC