A division bench headed by Justice Sanjiv Khanna, however, refused to grant any interim relief to Moitra which means that the Trinamool leader cannot participate in the House sessions until the next hearing. The bench has posted the matter for resumed hearing in the week commencing March 11.
“That will be like virtually allowing your writ petition against the expulsion,” Justice Khanna told senior advocate Abhishek Manu Singhvi, who represented Moitra. Justice Khanna verbally remarked that the “matter is not simple”.
Appearing on behalf of the secretary general, Solicitor General Tushar Mehta urged the SC to not issue a formal notice. “A sovereign organ of the state under the Constitution has decided its internal discipline on evidence after giving her an opportunity. What would be the scope of the judicial review if any at all? This will go against the very principle of separation of powers,” Mehta contended.
Seeking a response from the SG, the bench observed: “All issues are kept open and we will examine the jurisdiction of this court and its powers of review in this case.” To Singhvi’s request for interim relief for Moitra, Justice Khanna remarked that the bench was “neither issuing notice on it now nor dismissing it.”
During the hearing of the case, the bench also wondered if it could go into the merits of the case. Speaking for the bench, Justice Khanna remarked that it would “not like to comment” on the merits of the case. The bench also turned down Singhvi’s request to fix the hearing in February. Singhvi pointed out that the budgetary session of Parliament would begin, and Moitra may not be able to participate without some interim relief.
