During the hearing in the Rajasthan case, the Supreme Court remarked. Justice Arun Mishra, after hearing Speaker CP Joshi, said that the voice of unsatisfied in democracy cannot be stopped like this. He asked Kapil Sibal whether disagreement (voice of legislators) can be stopped in democracy?
Justice Arun Mishra said that if a leader has no trust in anyone, then if he raises his voice, he will be disqualified. They cannot be disqualified while in the party, then it will become a tool and no one will be able to raise their voice. The voice of discontent cannot be stopped like this in a democracy.
Justice Arun Mishra asked Kapil Sibal whether disagreement (voice of legislators) can be stopped in democracy? This is not a simple matter. These are the people elected by the public. Justice Mishra said that it is only a matter of one day, why don't you wait? After all they are elected by the people, can't they express their disagreement?
Kapil Sibal said that but still he has to answer. Speaker will decide this only, no court. What, when and how to do it in the house? The speaker has the right to decide this. On this, Justice BR Gavai said that why did the speaker come to court? They are neutral. They are not the affected party. Then Justice Mishra said it is only a matter of one day, why don't you wait? Responding, Kapil Sibal said that Sachin Pilot and others would have to explain why they were in the hotel? If the speaker is satisfied then action will not take place, but how can the court give directions?
Then the Supreme Court said that you have a problem with only two words. Everywhere the command is saying 'request'. The Supreme Court asked Kapil Sibal that what your opinion on democracy within the party is. On this, Kapil Sibal said that it is on the MLAs, let them answer it. Let them say that they were on holidays.
The Supreme Court asked whether the party could not attend the meeting and issued a whip? On this, Kapil's Sibal said that Joshi had not issued the whip, it was just a notice.