Privilege notice: Maharashtra Assembly absolves Speaker from appearing in SC

Legislature is not answerable to the judiciary for its proceedings, says resolution

December 16, 2020 12:09 am | Updated 03:31 am IST - Mumbai

No caution: Hundreds of protestors gathered on Tuesday at Azad Maidan, the hub of agitations when Assembly is in session, ignore all social distancing norms.

No caution: Hundreds of protestors gathered on Tuesday at Azad Maidan, the hub of agitations when Assembly is in session, ignore all social distancing norms.

The Maharashtra Assembly on Tuesday unanimously passed a resolution absolving the Speaker from appearing in front of or replying to the notices sent by the Supreme Court in a matter regarding breach of privilege motion against Republic TV editor-in-chief Arnab Goswami.

The House also observed that legislature is not answerable to the judiciary for its proceedings and it cannot overpower the legislature in any manner.

Speaker Nana Patole moved the resolution saying it is based on precedent, and is not an attempt to interfere with the judiciary’s proceedings. “Last week, at a conference of Assembly speakers, which was attended by President and vice-president, I had raised this issue where vice-president too agreed that the legislature is not answerable to the notices sent by the judiciary,” he said.

Bharatiya Janata Party (BJP) MLA Rahul Narvekar questioned the motion saying it needs to be looked in to as to whether the court’s notice was regarding Assembly proceedings or related to breach of personal liberty of Mr. Goswami.

Parliamentary Affairs Minister Anil Parab said the resolution is not about obstructing judiciary from doing its work but only to reiterate that rights of legislature go parallel with that of the judiciary. “It is not personal, but maintains the dignity of the chair. Nobody wants to interfere with anyone else’s business. But we want to reiterate the stand taken by former Lok Sabha speaker Somnath Chaterjee that legislature cannot be answerable to the judiciary,” said Mr. Parab. He also cited previous instances of breach of privilege motions against Manjeet Sethi and Shobha De where Assembly took a similar stand.

Sudhir Mungantiwar (BJP) said instead of passing such resolutions on a case-by-case basis, the House should pass a final resolution absolving the Speaker from such instances in future as well.

Last month, the apex court had summoned Vilas Athawale, assistant secretary of the Maharashtra Legislature for allegedly intimidating Mr. Goswami with an intent of deterring him from approaching the court. Objections had been raised to Mr. Goswami producing minutes of the proceedings sent to him by the Speaker and Privilege Committee of the Legislature to the court without seeking permission. Mr. Athawale. in his reply, had said that the letter was sent on the directions of the Speaker. The court had mulled over seeking reply from the Speaker, but the matter was then adjourned for two weeks.

Shiv Sena MLA Pratap Sarnaik had moved a breach of privilege motion against Mr. Goswami for making objectionable and derogatory comments against Chief Minister Uddhav Thackeray. The Republic TV editor-in chief has moved to the apex court against the motion and as per the legislature secretary, he presented the minutes of proceedings without taking consent from the Speaker which itself amounts to contempt.

Earlier in the day, BJP leaders questioned the Maha Vikas Aghadi (MVA) government over the police action against Mr. Goswami and action by the Brihanmumbai Municipal Corporation against actor Kangana Ranaut, calling it unwarranted and that it does not qualify to the rule of law. “I personally do not agree with the statements made against Maharashtra’s Chief Minister by Arnab Goswami. I condemn them. But there are lawful ways to treat with him. We believe in rule of law. We are not Pakistan,” he said.

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