Chennai, Oct 14 (PTI) Tamil Nadu Assembly SpeakerP Dhanapal was well within his powers in referring the issueof DMK members displaying banned gutka pouches inside theHouse to the Privileges Committee, the Madras High Court wasinformed by Assembly Secretary K Boopathy today.
The Speaker was of the prima facie opinion that acts ofthe petitioners involved a question of breach of privilege.
Hence, in accordance with the powers vested in him, hereferred the issue to the Privileges Committee for examining,investigating and reporting on it.
Dhanapal did not take any hasty or unilateral penalaction, the secretary contended in his counter.
On July 19, DMK MLAs had displayed gutka sachets in theAssembly claiming that the tobacco product was being illegallysold in Chennai despite a ban.
Last month, DMK MLAs, including Leader of the OppositionM K Stalin had moved the Madras High Court, seeking to declarea showcause notice issued by the House Privileges Committeeagainst them as "illegal".
DMK MLA K S Ravichandran had contended in the high courtthat the issue could have an impact in the event of a floortest in the House.
On August 28, the Privileges Committee, led by DeputySpeaker and chairman of the panel, Pollachi V Jayaraman, hadissued notices to Stalin and 20 other DMK MLAs, seeking theirexplanation within a week.
In his counter, Boopathy said all the 21 MLAs were calledupon to offer their explanation for exhibiting Gutka insidethe House.
Quoting constitutional provisions on the powers,privileges and immunity of the Assembly, he said issuance ofnotice was within the jurisdiction of the House.
The freedom of speech of a member is subject to suchreasonable restrictions as may be imposed by the Speaker, hesaid.
"By no stretch of imagination could the freedom of speechbe extended to disorderly conduct like displaying the banneditems inside the House," he submitted.
Also, an extension of seven days was provided to membersto answer to the notices and hence appropriate time was givento the members, he said.
The Privileges Committee had not decided anything on theissue and had just called for an explanation from thepetitioners, he said.
"It is incorrect to allege that the issue was referred tothe Committee of Privileges with the sole motive of preventingthem from exercising their legal and constitutional right tovote in the floor test," he noted in his reply.
PTI COR VGN APRSRY.
This is unedited, unformatted feed from the Press Trust of India wire.