The Supreme Court agreed to hear at 1.45 a.m. on Thursday, the petition filed by the Congress-JD(S) challenging the Karnataka Governor’s decision to invite the BJP to form the government in Karnataka.
Chief Justice of India Dipak Misra had agreed to open the doors of the Supreme Court at around 1 a.m. and constituted a three-judge bench to hear the last-minute petition that asked the judges to stop Mr Yeddyurappa’s swearing-in scheduled to be held a few hours later.
The petition sought a stay on the oath-taking ceremony, as communicated by the Governor to BJP leader B.S. Yeddyurappa. In a midnight legal push, the Congress had approached the Supreme Court seeking an immediate intervention by the chief justice to stay the move, which it termed as an “encounter of the Constitution”.
This is the second time that the Supreme Court is holding an overnight hearing. The first was in July 2015 when the top court held a 90-minute hearing in the middle of the night to hear a last-minute petition against the execution of Yakub Memon for his role in the 1993 Mumbai blasts case.
Before the overnight hearing began, Abhishek Singhvi thanked the top court for hearing the petition at the late hour. “Shows justice never sleeps and accessibility is 24X7 where merits so demand. Which apex court in world allows such accessibility,” Mr Singhvi tweeted before entering the court.
Irrespective of merits, very gracious of SC to fix hearing at 145 pm at ct no 2. Shows justice never sleeps & accessibility is 24×7, where merits so demand. Which apex court in world allows such accessibility?
— Abhishek Singhvi (@DrAMSinghvi) May 16, 2018
Supreme Court later refused to stay Mr Yeddyurappa’s swearing-in.