Gutkha row: HC asks DMK MLAs to submit explanation to show cause notice on breach of privilege

Chennai, Jul 31 (PTI) The Madras High Court on Wednesday asked Chief Minister M K Stalin and a few other DMK MLAs to submit their respective explanation to the show cause notices issued by the Privilege Committee in 2017 for displaying banned gutkha sachets in the Tamil Nadu Assembly, when they were in the opposition.

The DMK MLAs had then displayed the sachets to claim thy were available freely during the then AIADMK regime.

Allowing a batch of appeals from the Secretary, Tamil Nadu Legislative Assembly, a division bench comprising Justices S M Subramaniam and C Kumarappan set aside the order of a single judge, which set aside the show cause notices issued by the Privilege Committee.

"The Secretary of Tamil Nadu Legislative Assembly, the Speaker of Tamil Nadu Legislative Assembly and the Privilege Committee of Tamil Nadu Legislative Assembly shall proceed with the show cause notice (SCN), issued to the contesting respondents, by following the due process under the Tamil Nadu Legislative Assembly Rules and take final decision on merits and in accordance with law as expeditiously as possible", the bench added.

The bench said in view of the legal position and having not convinced with the reasoning given by the single judge for setting aside the show cause notice, it was of the firm opinion that the 'SCN' issued must reach its logical conclusion by following the due process as contemplated under the Tamil Nadu Legislative Assembly Rules.

The bench said the powers of the Committee of Privileges and the powers of the Speaker of the House would not lapse merely on account of change of Government.

The notice issued by the Privilege Committee was relating to disciplinary affairs of the House. Therefore, the proceedings will not lapse merely for the reason that the opposition party turned to be the ruling party. The nature of proceedings require a decision to be taken on merits by following due process contemplated under the Assembly Rules. Therefore, by setting aside the 'SCN', issues relating to disciplinary matters inside the House, cannot be buried, the bench added.

The bench said, "it is we the people of India who constituted the Assembly under the Indian Constitution. The assembly proceedings are to be conducted in the manner prescribed. Actions initiated must be concluded by following the procedures as stipulated under the rules", the bench added.

It said issues such as breach of privileges cannot be washed away after dissolution of each and every assembly. The Assembly and the Committee of Privileges constituted thereunder must deliberate on the issues relating to privilege breach and arrive at conclusions in the best interest of the Assembly representing the people of Tamil Nadu, the bench added.

The sovereign nature of the Assembly must be respected under all circumstances and the internal conduct should be carried on smoothly for which Rules and privileges have been formulated. And any such breach of the same must be dealt with in accordance with the principles enshrined under the Tamil Nadu Legislative Assembly Rules and the Constitution of India, the bench added.

It further said the legislative assembly was a floor to voice out the concerns of the people and the privileges were extended to the members representing the people in the Assembly to perform their functions without any undue interference and to carry on the legislative affairs of the House in a smooth manner.

Such privileges were to be valued in the interest of the people for whom the legislative assembly functions. In a democracy, people were always supreme and the assembly functioning in the interest of the people must ensure that its sovereignty and dignity remain protected under all circumstances, the bench added.

The bench said the privileges were a part of the inherent nature of the House and the dissolution of an assembly does not dissolve the privileges of its members once it was reconstituted. Similarly, breach of the privileges, if any, does not lapse with the dissolution of the assembly. It gets carried forward to the new Committee of Privileges to be constituted by the Speaker and was left before them for further deliberations.

If the argument of senior counsel N R Elango was adopted, that breach of privilege lapses with dissolution of an assembly, the very purpose behind privileges granted to the members of the assembly become meaningless.

Utter chaos may ensue where every member will be motivated to not take the privileges seriously thereby leading to breaches and after the end of the term, on dissolution of assembly, all such proceedings lapse and this shall go on in an endless fashion, the bench added. PTI CORR SA