Supreme Court to consider bringing BSY tape into record

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New Delhi, Nov 5, 2019: The Supreme Court on Tuesday said it would "look into" a plea by Congress party leader to take into record a purported tape recorded conversation of Karnataka Chief Minister B S Yediyurappa on deciding plea by 17 rebel MLAs against their disqualification.

The tape recorded conversation by Yeddurappa allegedly admitted the role BJP president Amit Shah into the dissident activities by 17 MLAs leading to fall of the JD(S)-Congress government.

On October 26, the court reserved its judgment on pleas by 17 rebel MLAs of Congress and JD(S) against their disqualification.

On Tuesday, senior advocate Kapil Sibal, appearing for applicant Dinesh Gundu Rao, contended the CM at BJP core committee meeting recently had said that the whole thing was engineered at the instance of Union Home Minister.

"We have extensively covered everything. What is its relevance," a bench presided over by Justice N V Ramana asked Sibal.

"You have already argued that MLAs were taken to Mumbai. We have already taken a note of everything. We will look into it," the bench, also comprising Justices Sanjiv Khanna and Krishna Murari said.

Sibal, however, said the matter should be taken into record. "It will have huge effect and consequences. This would delay judgement. We have to issue notice," the bench said.

Senior advocate C A Sundaram, who appeared for disqualified MLAs, contended that the Congress leader wanted to sensationalise the issue, the CM had already denied it.

The application filed by Rao on Monday said the conversation would have a "material bearing" on adjudication of the writ petitions filed by disqualified MLAs of Karnataka.

The perusal of the transcript would clearly reveal that the motive of the disqualified MLAs was to defect and bring down the government headed by H D Kumaraswamy. Thus, it attracted provisions of the Tenth Schedule (anti-defection law) of Constitution, it stated.

The applicant claimed the batch of writ petitions was at the behest, supervision and directions of the leaders of the BJP.