To a question about any knowledge on the judgment on ‘two leaves’ symbol case in favour of Shri Dinakaran, Dr. Singhvi said I don’t discuss the matters, I am appearing. The Election Commission has reserved orders and they will give judgement. I have appeared as Counsel. They have reserved the orders. I don’t know about today. After I have argued as a Counsel, we have no role now, it is over.
On being asked to respond on the alleged claims of the decision being in favour of a particular group without that being formally announced by the Election Commission, Dr. Singhvi said, “let me tell you one thing that what you are saying is a very serious aspersion on Election Commission itself. I am not saying it. I am adopting what you are saying. Matter was argued in great length and if what you are saying is correct, then obviously, it is a very serious aspersion. I would not say it is right or wrong. I am speaking here in a totally different context.
To a question that even before the announcement of the judgment, Chief Minister has tweeted that decision has gone in their favour, Dr. Singhvi said that I am not from the Congress podium going to speak about it but I am only reacting to what you are saying – I am not saying it, I am not accepting the truth of what you are saying. If, I repeat for the hundreth time ‘If’ what you are saying is correct, forget Congress, DMK, AIADM, X, Y or Z – it is an extremely serious aspersion on the Election Commission. I am sure you will have very clever, over clever by half explanation within half an hour. No I never said so or I received the order or I did this etc. but if what you are saying is true, it shows you what is happening, it is a very dicpicable and sad moment for our democracy. If it is true….. but I don’t accept because I have not seen the facts.
On the winter session issue, Dr. Singhvi said he has already said I will repeat for you. This is a Government which makes rules as if goes along. In demonetization you found 115 or 120 changes to rules; in GST you have found 50 changes to rules. I have always said that against the normal – think first and then take aim and then shoot, this Government and the authorities from the Prime Minister downward shoot first, take aim later and think last. Now, the approach is adhocism, arbitrariness – first you do the wrong thing in not having a Parliament Session, as if Guajrat is the first election India is having, as if there has never been State elctions around the time of the Winter Session. You do it without taking into account any multi-party meting, without consutling anyone – I am ‘King’ approach. I am the ‘Shahanshah’ approach. Having made that mistake, the aving made second mistake you make is equally arbitrary. The second mistake is that dates you mentioned no regard to sentiment, no regard to religious festivities, no regard to the convenience, no regard to various other considerations – ‘arbitrary farmaan’ ‘tughlaki farman’ – I am there, so I am ‘King’, I am ‘King’, so I am ‘Shahanshah’.
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On a question on Bankruptcy code, Dr. Singhvi said that it is an example of again a hurried legislation. As a lawyer I have occasions to appear frequently. A lot of good potential is there in the Act but two points – one – many gaps have been left because of the hurry to declare it exactly the same as GST. So, you now find that a major loophole is sought to be corrected, and if it is properly corrected, I will applaud it. The loophole is that you have taken to bankruptcy by me, and in the bankrupty process either you or your brother-in-law or your sister-in-law buy the same assets at a cheaper rate. Now that could not be the intention of the IPC Code. So the supposed object of this Amendment is to plug that. I will reserve my comment till I see the final version. If it is properly plugged, I would support it. But let me tell you that this should not be single activity Amendement. We have found already atleast 20-30 judgments of the Court, which have pointed out loopholes. I would request the Government to seriously consider that in the process of creating this Amendment; they should try and plug as many loopholes as they can which they have found in those judgments in the hardly. This Act is operational on December 2016. So now we are about 9-11 months away. In the 11 months, a lot of learning has come; there are 4 or 5 Supreme Court judgments about 100 or 70 or 50 judgments of NCAT. They should plug that also and make a comprehensive Code not patch work of putting like a cloth of piece of paper, you put patches.
On a question of holding election in Gujarat through EVMs, Dr. Singhvi said to be very clear that fortunately we have a limited State election. It is ultimately limited to one State for the purposes of this allegation because other elections are over. Somebody can say logistics of looking at all the EVMs of the country is too large. Well certainly, a pilot project can involve an independent overseeing supervision of all the EVMs and a verification of all the EVMs in one State at least. There it is not logistic impossibility nor is a logistical nightmare. Therefore, and who will give you that feeling of assurance – not the Central Government or the State Government. The only thing I can think of is, a sitting Judge of a very high integrity.