SC refuses to consider taking BSY tape into record

The Supreme Court on Tuesday refused to consider a contention by the Congress party leader to take into the record a purported tape-recorded conversation of Karnataka Chief Minister B S Yediyurappa in deciding plea by 17 rebel MLAs against their disqualification.

The top court said no order was required in the application filed by Dinesh Gundu Rao, since judgment has been reserved on October 25 on petitions filed by 17 rebel MLAs from Congress and JDS against their disqualification.

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On Tuesday, senior advocate Kapil Sibal, appearing for applicant 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, Amit Shah.

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

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

Sibal, however, said the matter should be taken into the record.

"It will have a huge effect and consequences. This would delay judgment. We would have to issue notice then," the bench said.

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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 the adjudication of the writ petitions filed by disqualified MLAs of Karnataka.

The perusal of the transcript would 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.