Adhir urges Speaker to rethink whether Parliamentary panels can take up sub-judice matters

He said the question of discussions influencing courts does not arise in the case of Standing Committees.

Written by Manoj C G | New Delhi | Published: September 1, 2020 1:44:08 am
Adhir Ranjan Chowdhury.

Days after Lok Sabha Speaker Om Birla asked chairpersons of Standing Committees to not take up any matter that is sub-judice or related to national security, and to ensure confidentiality of proceedings, Chairman of the Public Accounts Committee (PAC) and leader of the Congress in Lok Sabha Adhir Ranjan Chowdhury met him on Monday and urged him to rethink the matter and lay down clear guidelines.

Chowdhury told The Indian Express that it is just convention that sub-judice matters are not discussed at length in Parliament. “It is neither in the Act nor in the rules. If we are to decide that issues which are sub-judice will not be discussed, then there will be no need for Parliament or the Standing Committees.”

“Because everyday scores of Public Interest Litigations are filed in High Courts and Supreme Courts against some issue or the other. Once a PIL is admitted, it means the matter has become sub-judice. If we pay attention to that… and say Standing Committees should not take up these matters… then Parliament too cannot discuss…then anybody can file a PIL and subvert our whole system,” he said.

“For instance, if I or the opposition parties want to raise an issue which is uncomfortable to the government… the government can arrange for somebody to file a PIL… The matter has become sub-judice. Moreover, the government is one of the biggest litigants in our country…if we take this sub-judice convention very seriously… then we will not be able to discuss anything in Parliament,” he said.

He said the question of discussions influencing courts does not arise in the case of Standing Committees. “The meetings of the Standing Committees are confidential. Remember, none of the Standing Committees could meet virtually during the lockdown… it was said virtual meetings may violate confidentiality norms… I feel we should look at this issue afresh,” he said.

Chowdhury also handed over a letter to the Speaker, outlining his views. In the letter, he appreciated the Speaker for “very rightly” emphasising the need to ensure that “rules and the well laid down procedures are adhered to in the matter of selecting and examining subjects by the Committees”. He assured the Speaker that “every effort would be made to ensure that the Parliamentary ethos that has evolved over the years will continue to be upheld in the functioning of the Public Accounts Committee”.

“Nevertheless, I would also like to draw your kind attention to the likely drawbacks of precluding the Committees from taking up subjects on account of matters related therewith being ‘pending’ in Courts. I do not feel the need to place before you the fact that there may be numerous as well as diverse issues, inclusive of policy matters and schemes that are of concern to specific sections of people, regions etc, and therefore, rightfully deserve to be examined and reported upon…,” he wrote.

“I would, therefore, urge upon to have a re-think on the matter and lay down clear guidelines on the issue, which would contribute to the overall interest of the functioning of Parliament and its Committees; and serve the purpose of effectively ventilating in Parliament, matters that are of concern and are in the interest of the people at large,” he added.