Madras High Court restrains privilege panel action on 21 DMK MLAs

Chennai: Madras high court has restrained Tamil Nadu Assembly Privilege Committee from taking any action against 21 DMK legislators, including party's working president and Opposition leader M.K. Stalin, till September 14. When petitions filed by them came up for hearing before Justice M. Duraiswamy, Advocate General Vijay Narayan, appearing on behalf of the secretary, TN Assembly, assured that no action would be taken against the MLAs until September 14.

Vijay Narayan submitted that he wishes to argue on the maintainability of the petitions. The 21 DMK Legislators sent an individual request seeking additional time till September 12 to file a reply to the notice and let them file their reply.  

  He assured that he would advise the committee to adjourn the proceedings till the matter decided by this court on the maintainability of these petitions. I will advise the committee not to pass any orders on the privilege notice."

  Recording the submission, judge said "I make it clear that the Committee shall adjourn the proceedings which are slated for September 12 to some other date for submitting explanation by the petitioners and time shall be extended after the hearing on September 14.

 The committee feared defeat in case of floor test held in the Assembly and the notice was issued against the DMK MLAs with an intention of keeping them away from Assembly during the floor test if it was held. And, consequently win the confidence, which amounts to the violation of the Constitution.

 Sibal said manufacturing, storage, transport, distribution or sale of gutkha was banned as per the government notification dated May 23, 2017.  There are no rules or standing order that they MLAs should not bring gutka to the House."  

 Sibal asked, "when ministers, secretaries and DGP and other top officials were allegedly involved in gutka scam, how can they go to a police station to give a complaint and it is their constitutional right to bring it to the notice of the people of the state".

 "Instead of taking action against the perpetrators of the crime, the committee issued the notice. The Opposition party MLAs had not committed any breach of privilege affecting the privilege of other MLAs and not caused any disturbance. It was like shooting the messenger,"

 Among others a large number of DMK advocates, including advocate Amarendra Saran, senior counsel P. Wilson, N.R. Elango, Saravanan and several government advocates, AIADMK lawyers were present in the court hall.