CHENNAI: The privilege proceedings initiated against 21 DMK MLAs for bringing gutkha packets into the Tamil Nadu assembly to highlight the easy availability of the banned product in the state, were set aside by the Madras high court on Tuesday.
The court, however, left it to the privilege committee to decide if it wants to initiate fresh proceedings in the issue. Of the 21 MLAs facing privilege motion, two died during pendency of the case, while one MLA, Ku Ka Selvam, was expelled from the DMK.
The notice of breach of privilege dated August 28, 2017, ‘suffers from foundational error of assuming the conduct of the legislators to be prohibited by the notification’ banning gutkha products, held the first bench of Chief Justice A P Sahi and Justice Senthilkumar Ramamoorthy.
The bench pointed out that the notification dated May 23, 2017, issued by the food safety department banning gutkha products does not prohibit displaying gutkha sachets or its photographs. “The petitioners cannot be proceeded against on the strength of the privilege notices by treating their conduct of displaying gutkha sachets and photographs as being violative of any prohibitory law, particularly the notification banning sale of gutkha in the state,” the judges said.
However, the court said: “We leave it open to the committee of privileges, if it so chooses, to deliberate upon the issue any further in case it still is of the opinion that any breach has been committed of the privileges of the House by the petitioners. In that event, the petitioners will be at liberty to raise all such objections that have been raised before us, or even otherwise available in law.”
On August 28, 2017 the privilege committee of the assembly initiated the privilege proceedings and issued show-cause notices to Stalin and 20 MLAs to show cause why action should not be taken against them for breach of privilege of the assembly.
Challenging the proceeding, the 21 legislators moved the high court. On September 7, 2017 the high court passed an interim order and stayed further proceedings in the issue.
After a lull of three years, on July 10, advocate-general Vijay Narayan and government pleader V Jayaprakash Narayan made a mention before the first bench seeking to recommence the hearing of the case.
“The term of the legislators as well as the Tamil Nadu is going to expire soon, and the case must be allotted an early hearing and brought to a logical conclusion,” Vijay Narayan said.
In view of the submission, the case was taken up for final hearing on August 12, 13 and 14. After three days of continuous hearing the bench reserved its order.
The court, however, left it to the privilege committee to decide if it wants to initiate fresh proceedings in the issue. Of the 21 MLAs facing privilege motion, two died during pendency of the case, while one MLA, Ku Ka Selvam, was expelled from the DMK.
The notice of breach of privilege dated August 28, 2017, ‘suffers from foundational error of assuming the conduct of the legislators to be prohibited by the notification’ banning gutkha products, held the first bench of Chief Justice A P Sahi and Justice Senthilkumar Ramamoorthy.
The bench pointed out that the notification dated May 23, 2017, issued by the food safety department banning gutkha products does not prohibit displaying gutkha sachets or its photographs. “The petitioners cannot be proceeded against on the strength of the privilege notices by treating their conduct of displaying gutkha sachets and photographs as being violative of any prohibitory law, particularly the notification banning sale of gutkha in the state,” the judges said.
However, the court said: “We leave it open to the committee of privileges, if it so chooses, to deliberate upon the issue any further in case it still is of the opinion that any breach has been committed of the privileges of the House by the petitioners. In that event, the petitioners will be at liberty to raise all such objections that have been raised before us, or even otherwise available in law.”
On August 28, 2017 the privilege committee of the assembly initiated the privilege proceedings and issued show-cause notices to Stalin and 20 MLAs to show cause why action should not be taken against them for breach of privilege of the assembly.
Challenging the proceeding, the 21 legislators moved the high court. On September 7, 2017 the high court passed an interim order and stayed further proceedings in the issue.
After a lull of three years, on July 10, advocate-general Vijay Narayan and government pleader V Jayaprakash Narayan made a mention before the first bench seeking to recommence the hearing of the case.
“The term of the legislators as well as the Tamil Nadu is going to expire soon, and the case must be allotted an early hearing and brought to a logical conclusion,” Vijay Narayan said.
In view of the submission, the case was taken up for final hearing on August 12, 13 and 14. After three days of continuous hearing the bench reserved its order.
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