The Hindu : Tamil Nadu / Chennai News : State Government appeals against stay on privilege notice to bi-weekly

Online edition of India's National Newspaper
Thursday, Sep 22, 2005

Tamil Nadu

Tamil Nadu - Chennai

State Government appeals against stay on privilege notice to bi-weekly

Special Correspondent

First Bench orders notice to respondents, returnable in three weeks

CHENNAI: The Tamil Nadu Government has appealed against a single judge order staying the operation of the State Assembly's privilege notice to the Tamil bi-weekly, Kumudham Reporter, for two "offending publications" in July.

Admitting the appeal preferred by the Tamil Nadu Legislative Assembly Secretary, M.N. Venkataraman, the First Bench comprising Chief Justice Markandey Katju and Justice A. Kulasekaran ordered notice to the respondents returnable in three weeks. The Bench, however, declined to stay the single judge order.

When the matter was taken up, the Additional Advocate-General, A.L. Somayaji, submitted that in view of the urgent nature of the petition a stay on the operation of the single judge order was necessary.

In his petition, Mr. Venkataraman said two articles — one "scandalising the conduct of MLAs and lowering the dignity and prestige of the Assembly" and the other a "libellous news about the Speaker and the Chief Minister" — were published by the bi-weekly in its July 17 and 21 issues.

When a notice seeking explanation was issued, the publisher and the editor of the magazine "justified" the news item and stated that if the Privileges Committee was willing to hear them in person they were ready to come before the committee and offer explanation. It was after accepting this offer that the committee asked them to appear before it on August 30, the petition said.

Pointing out that the magazine did not raise the issue of jurisdiction of the committee in its explanation, Mr. Venkataraman said, "the writ petition, however, straightaway questions the jurisdiction of the Privilege Committee." It was premature to raise the question of jurisdiction in the writ petition.

The Assembly Secretary further said that the petitioners had come to the High Court without exhausting the remedy available before the Privilege Committee, and added that the petitions were not maintainable.

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