CHENNAI: The Madras High Court on Wednesday permitted the State Assembly Committee of Privileges to file an appeal challenging the single-judge order that quashed proceedings initiated against 18 DMK MLAs for displaying gutka sachets in the Assembly in 2017.
The issue pertains to the privileges committee issuing fresh notices to the MLAs on September 7, 2019, as the first bench had granted liberty to the committee to commence proceedings afresh, if it felt so. Aggrieved by this, the MLAs had moved the High Court. Later, justice Pushpasathyanarayana had quashed the fresh breach of privilege notices issued by the committee.
The single judge, in her ruling on February 10, had observed that, “...when there are no clearly laid out rules and what constitutes a breach of privilege and what punishment it entails, it could not be stated that the petitioners ought to have obtained permission from the first respondent (Speaker).”
The court also emphasised that no opportunity was given to the MLAs by the committee to explain their stand. “... The provisos to Rule 223 contemplates affording an opportunity to the member to explain briefly why the matter requires intervention of the House and also to the member against whom, the matter is sought to be raised.
However, in case of the petitioners, Rule 223 has not been followed and no opportunity was afforded to them.”Challenging the single-judge order, the State moved the current appeal. Allowing the appeal plea, the division bench comprising Justices R Subbiah and Sathikumar Kurup permitted the petition moved by the State and also dispensed with the production of a certified copy of the single-judge order.