INDIA
In a historic pre-dawn hearing, the Supreme Court today cleared the last-minute hurdle created by the Congress-JD(S) combine for the BJP's ambitious surge in southern India by paving the way for B S Yeddyurappa to be sworn in as the Chief Minister of Karnataka.
In a historic pre-dawn hearing, the Supreme Court today cleared the last-minute hurdle created by the Congress-JD(S) combine for the BJP's ambitious surge in southern India by paving the way for B S Yeddyurappa to be sworn in as the Chief Minister of Karnataka.
Hours after an apex court bench, specially convened in the wee hours, refused the Congress-JD(S) challenge to Governor Vajubhai Vala's communication to Yeddyurappa to be sworn in as CM, the lingayat leader took the oath at 09:00 AM at a simple ceremony in the Raj Bhavan in Bengaluru.
A specially constituted three-judge bench comprising Justices A K Sikri, S A Bobde and Ashok Bhushan, after more than three hours of hearing, made it clear that it was not interfering with the Governor's decision to invite the saffron party to form government in the state in which BJP with 104 seats has emerged as the single largest party.
During the high-voltage hearing, which lasted from 2.11 AM to 5.28 AM, the top court made it clear that the swearing-in and government formation would be subject to the final outcome of the case.
The court directed the Centre to place before it two communications sent by Yeddyurappa to the Governor in which he had staked claim to form government, saying their perusal was necessary to decide the case.
In 1982, a bench headed by Justice Y V Chandrachud, sat at late in the night to consider a plea in from Ranga-Billa that they should not be hanged.
In 1985, the apex court's doors were opened past midnight to hear the bail plea of a prominent businessman L M Thapar, who was charged under the stringent FERA law. Then Chief Justice E S Venkatramaiah was woken up at midnight and he proceeded to grant bail.
On intervening night of December 6 and 9, 1992, after the demolition of Babri Masjid at Ayodhya, the case was heard at the residence of Justice M N Venkatachaliah, who later became the Chief Justice of India. The bench headed directed that status quo has to be maintained at the disputed site.
In February 1998, the apex court in a late-night hearing ordered a composite floor test in Uttar Pradesh to determine who enjoyed the majority - Kalyan Singh or Jagadambika Pal. The floor test restored Kalyan Singh government.
January 2010, in the Noida's Nithari serial murders convict Surinder Koli’s case as well, the apex court heard the late-night move on his behalf for staying the execution of his death sentence.
On April 9, 2013 Justice M Y Iqbal heard case to stay execution of Mangallal Barela around 11.30 PM and at around midnight ordered a stay on the execution. Advocate Colin Gonsalves got to know about the execution of death sentence against 16 persons at 4 P M and rushed with a petition to the residence of then Chief Justice of India P Sathasivam., who ordered Justice Iqbal to hear the case.
A bench on July 29, 2015, sat through the midnight to consider an urgent plea to stay the scheduled execution of lone death row convict of 1993 Mumbai blasts case, Yakub Memon. He was executed next day at 6 AM.
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