SC on MP crisis: Rebel MLAs cannot be held `hostage`, should be `free` to make their choice

The court said its primary duty is to independently verify whether the 16 dissident MLAs holed up in Karnataka are being held `captive` or have they gone there as per their will.

New Delhi: The Supreme Court on Thursday (March 19,2020) will resume hearing on the Madhya Pradesh political crisis. On Wednesday, the top court ruled that it will not interfere in the way of the legislature to decide who enjoys the trust.

The bench comprising Justices DY Chandrachud and Hemant Gupta said its primary duty is to independently verify whether the 16 dissident MLAs holed up in Karnataka are being held “captive” or have they gone there as per their will. It also asked the lawyers to assist it on the modalities of ensuring that the lawmakers have free access to the assembly and get to exercise their choice.

"Let there be free and unrestrained exercise of their choice. We are not going to come in the way of the legislature to decide who enjoys the trust of the legislature. We do know that these 16 (MLAs) tilt the balance in one way or the other... If they choose to come, they should have free, unhindered and uninterrupted access to the assembly," the court said.

It was hearing the petitions filed by Bharatiya Janata Party (BJP) seeking the trust vote in Madhya Pradesh. The BJP had claimed in its petition that after the resignation of 22 MLAs, the Kamal Nath government has come in minority and demanded a floor test to prove their majority while the Congress argued that its MLAs were held captive in Bengaluru.

Earlier, the Madhya Pradesh Congress had told the apex court that a probe is needed on the resignation letters of its rebel MLAs submitted by BJP leaders to the Speaker of the state Assembly. 

Meanwhile, veteran Congress leader Digvijay Singh who is in Bengaluru to meet with the dissenting MLAs was denied permission by the local police and in protest he sat on dharna outside the resort where the legislators have been put up. Singh and other Congress leaders like Karnataka Congress president DK Shivakumar, Madhya Pradesh Congress leaders Sajjan Singh Verma and Kantilal Bhuria were taken into preventive custody.

The Kamal Nath-led government plunged into crisis after Jyotiraditya Scindia quit the Congress, after which 22 MLAs loyal to him resigned in Madhya Pradesh last week. The BJP sensing an opportunity, demanded a floor test in the assembly.

The Speaker has accepted the resignations of six of the 22 MLAs, bringing down the effective strength of the House to 222 and the new majority mark at 112. The opposition BJP has 107 MLAs.

After the MP assembly was adjourned on Monday till March 26, the BJP petitioned the Supreme Court seeking a direction from it for an early floor test.