The earlier two instances were when the SC heard petitions of Yakub Memon and Surinder Koli.

The political drama that unfolded on Wednesday night with regards to formation of government in Karnataka was not unprecedented.

However, the hearing was still part of history since this was the third time ever that the Supreme Court entertained and heard a petition post midnight.

The only other instances where the Supreme Court heard any case in this manner were the petitions moved by Mumbai bombings convict Yakub Memon and Nithari serial murders convict Surinder Koli.

CLICK HERE FOR LIVE UPDATES ON THE ONGOING POLITICAL DRAMA IN KARNATAKA

In 2015, hours before his hanging, lawyers of Yakub Memon approached the Supreme Court around 2 am to make one last attempt to save him from the gallows. In an unprecedented move, the Supreme Court registry rushed to the residence of the Chief Justice of India and a midnight hearing was held in court number 4.

The 90-minute hearing started at 3:20 am and ended at 4:50 am. Though the court turned down the plea to avert Yakub's hanging, the fact that it opened its doors, way past the midnight, was hailed as a victory of justice.

The second such instance was in 2014 when lawyers of Surinder Koli, who was convicted and handed death sentence for the infamous Nithari killings, moved the Supreme Court merely two hours before his hanging was to take place in Meerut.

The matter was heard by the apex court after a 'black warrant' was issued and his hanging was scheduled for early morning. The Supreme Court gave Koli some respite by postponing the date of hanging and also agreed to hear a review petition challenging dismissal of his mercy petition.

#CORRECTION Three-judge bench of Justice AK Sikri, Justice Ashok Bhushan and Justice SA Bobde* to hear Congress & JD(S) petition challenging Karnataka Governor's decision at 1:45 am #KarnatakaElections ANI (@ANI) May 16, 2018



In a repeat of these two instances, on the intervening night of Wednesday and Thursday, the Supreme Court agreed to hear the petition moved by Congress leader Abhishek Manu Singhvi. The petition had requested the top court's intervention to stop the swearing-in of BS Yeddyurappa as the chief minister of Karnataka on Thursday morning.

Earlier in the day, Governor Vajubhai Vala invited Yeddyurappa to form the government on the grounds that the Bharatiya Janata Party (BJP) has emerged as the single-largest party in the Karnataka assembly election.

The Governor's decision has triggered a controversy because the post-poll alliance between Congress and the Janata Dal Secular (JDS) which had also submitted a claim to form the government. The alliance has the numbers required to form a government while the BJP is short of eight MLAs.

In the post-midnight hearing, a three-member bench of the Supreme Court refused to stay the swearing-in but agreed to hear the matter on Friday.

The bench was headed by Justice Ashok Bhushan and comprised Justice SA Bobde and Justice AK Sikri.

The court has not dismissed the petition altogether and has asked Yeddyurappa to file a reply by Friday.

The three-judge bench of Supreme Court refuses to stay swearing-in ceremony of BJP's BS Yeddyurappa as Karnataka Chief Minister, matter to be next heard at 10:30 am tomorrow (Friday) #KarnatakaElections pic.twitter.com/66oknlsHnF ANI (@ANI) May 17, 2018



However, the apex court has made it clear that the swearing-in and the government formation will be subject to the final outcome of the case before it.

While this may be the third instance when the SC heard any matter post-midnight, this is the first case when the court opened its door to hear a matter related to government formation. The earlier instances pertained to matters relating to the execution of people on death row.

ALSO READ | Amid horse-trading allegations, Congress huddles at Bengaluru resort to keep its flock together

ALSO READ | BS Yeddyurappa takes oath as Karnataka CM after night of high drama

ALSO WATCH | My Take: Unethical political class and pliant Governors have chosen power over principles