CHENNAI: DMK president MK Stalin on Saturday moved the Madras High Court challenging the fresh notices issued by the Assembly Privilege Committee to him and 18 party MLAs for bringing banned gutka packets inside the House in 2017.
On August 25, a division bench headed by Chief Justice AP Sahi set aside the earlier notices issued by the committee to the DMK leader and other MLAs. However, the bench had granted liberty to the Privilege Committee to initiate fresh proceedings if it still felt that the act by the MLAs inside the House amounted to a breach of privilege.
Stalin in his plea sought an interim stay against the fresh notices issued on September 7. In the petition, he added, “The timing of the issuance of the notice dated September 7 seeking an explanation by September 14 is not innocuous or coincidental, as the Tamil Nadu Legislative Assembly is scheduled to convene from September 14.
“I submit that mala fides are writ large on the face of the notice dated September 7 as its primary objective is to prevent the petitioner and other legislators belonging to the opposition party (to whom notices have been issued) from attending the upcoming Assembly session.” The present notice issued by the Speaker is without jurisdiction and tainted with gross illegality, involving violation of principles of natural justice and fundamental rights, he stated.
Justifying the act of bringing gutka packets into the Assembly, Stalin stated that the government order, by which gutka ban was imposed, only prohibited the manufacture, storage, distribution and sale of gutka.
Therefore, the assumption of jurisdiction by the Speaker to initiate proceedings is itself bad in law and without jurisdiction and hence liable to be set aside, he added.
DMK sees motive behind Privilege Committee move
Chennai: The DMK on Saturday said that the Privilege Committee of the Assembly issued fresh notices to DMK MLAs, including party president MK Stalin, for bringing gutka packets inside the House in 2017, in order to prevent the MLAs from attending the Assembly’s monsoon session. The Privilege Committee has asked the MLAs to respond to the notices by September 14, while the MLAs have filed writ petitions in the Madras High Court with regard to the notices.