
CHENNAI: The Madras High Court on Wednesday set aside a single judge’s orders quashing the breach of privilege notices issued to 18 DMK MLAs of the previous Assembly, including Chief Minister MK Stalin, for bringing gutka sachets into the Assembly as part of a protest in 2017.
Passing the order on appeals filed by Assembly secretary and the then privileges committee against the single judge’s ruling, a bench of Justices SM Subramaniam and C Kumarappan remitted the matter back to the speaker and the privileges committee for a final decision.
Negating the arguments of senior counsel NR Elango, representing the DMK MLAs, that the privilege proceedings pending in an Assembly die with the dissolution of the Assembly, the bench said the very purpose of privileges granted to MLAs would become ‘meaningless’ if that was the case.
“Utter chaos may ensue, every member will be motivated to not take the privileges seriously, thereby, leading to breaches...,” said court, adding, “Issues such as breach of privileges cannot be washed away after the dissolution of each and every Assembly.
These issues must be deliberated to arrive at the conclusions in the best interests of the Assembly representing the people.” Stating that the powers of the privileges committee and the speaker would not lapse merely on account of a change of government, the bench noted that the notices are related to disciplinary affairs of the House and therefore, the “proceedings will not lapse” merely because the “opposition party” has become the “ruling party”.
HC asks privilege panel to take ‘final decision’
Holding that the challenge to the show-cause notices was premature, the bench asked the MLAs to submit their response to the notice sent by the privileges committee and directed the Assembly secretary, the speaker and the committee to proceed further as per Assembly rules and take a ‘final decision’.
Saying that the privileges of the members shall be valued in the interest of people who are supreme in a democracy, the bench noted that the “dignity and the sovereignty” of the House must be protected.
Pointing to the death of Ku Ka Selvam, one of the then MLAs, the court held that no further adjudication needed to be taken on the notice issued to him. The show-cause notices were issued initially to the then DMK MLAs, including Stalin, after they brought gutkha sachets and displayed them in the House in 2017. (For full story visit www.newindianexpress.com)