BJP SP Supreme Court

CJI says PMO is an “unique office and reserved verdict in BSF constable Case

Chief Justice of India S.A. Bobde on Wednesday said the Prime Minister’s Office is an “unique office”, as thereafter it  denied adjournment during the hearing on sacked BSF constable Tej Bahadur’s plea against the election of Prime Minister Narendra Modi from Varanasi constituency in Uttar Pradesh.
 
A bench headed by the Chief Justice said: “This is too important a matter to be adjourned so many times. The respondent occupies an unique office. He is the PM of India.”
 
Bahadur’s counsel sought adjournment, as he was unable to answer a specific query by the top court.
 
The observation from the top court came as Bahadur’s counsel repeatedly sought adjournment in the matter, but the Chief Justice refused citing that the matter has already been adjourned many times.
 
“We cannot hear this case indefinitely. It is too important to pass over, we are hearing you and not cutting you short.
 
The adjournment has gone into months in this case,” the Chief Justice added.
 
After a  hearing in the matter, the Supreme Court reserved its order on a petition by sacked the BSF trooper against election of Modi from Varanasi in 2019.
 
Earlier, the top court allowed the Centre’s plea to adjourn the hearing in the matter and sought its hearing after the Diwali vacation.
 
Bahadur had moved the top court challenging a Allahabad High Court order, which had dismissed his election petition against the Prime Minister.
 
Bahadur challenged this rejection, contending that such a decision was taken to facilitate an easy victory for Prime Minister Narendra Modi.
 
It was Bahadur’s case that the Returning Officer failed to note that he had produced his dismissal letter while filing his nomination papers.
 
The dismissal letter, Yadav claimed, clearly showed that he had been dismissed for alleged indiscipline and not for corruption or disloyalty to the State.
 
Therefore, there was no requirement for any additional certificate to prove that he had not been dismissed of corruption of disloyalty, he had submitted.
 
Bahadur was dismissed from BSF in April 2017 after a video captured by him on mobile phone went viral in which he complained about the poor quality of food provided to soldiers.
 
He had first approached the Supreme Court challenging rejection of his nomination papers in May 2019 but the top court declined to interfere.
 
Senior advocate Harish Salve represented Prime Minsiter Modi
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