The resolution states that if Arnab Goswami challenges the breach of privilege proceedings in the court, the House will not respond to any notice and summons issued by the High Court or the Supreme Court.
Mumbai| The legislature and judiciary have come face-to-face over the privilege motion violation brought against Arnab Goswami, editor-in-chief of Republic TV Group. A resolution was passed in the Assembly and Legislative Council on Tuesday against the order of the Supreme Court, stating that in the Arnab case, the House will neither take cognizance of any notice of the High Court or the Supreme Court nor respond to it.
A two-day winter session of Maharashtra assembly ended on Tuesday. On the last day of the session, both the houses got a majority vote for the proposal. However, some leaders of the Bharatiya Janata Party have opposed it. Assembly Speaker Nana Patole, declaring to pass it unanimously said that the speaker and deputy speaker Narhari Jirwal will not respond to any notice and summons issued by the Supreme Court.
“It is against the basic structure of the Constitution”
The motion tabled in the House states that answering any notice of the court will mean that the judiciary can further monitor the legislature and this would be against the basic structure of the constitution. Speaker Nana Patole in the assembly said that the constitution has set certain limits for the three wings of the government – the judiciary, the legislature and the executive. Every organ should respect these limits. No one should try to interfere with each other’s boundaries.
“Responding to notice means giving the judiciary the authority to monitor the legislature”
Speaker Ramraje Naik Nimbalkar in the Legislative Council also announced the unanimous passage of the resolution. It also states that if Arnab Goswami challenges the breach of privilege proceedings in the court, the House will not respond to any notice and summons issued by the High Court or the Supreme Court. Nimbalkar said that if the legislature, secretariat and its secretaries and other officers in public respond to the court notice, it would mean that they are giving the judiciary the right to monitor the legislature and it violates the basic structure of the constitution.
Why was the Breach of Privilege motion was issued against Arnab?
The Maharashtra Legislative Assembly Secretariat has issued a notice of breach of privilege to Arnab Goswami, Editor-in-Chief of Republic Television, for submitting a copy of the proceedings of the House to the Supreme Court without the permission of the Speaker. Arnab was issued a notice on 13th October and thereafter he was sent a notice to file his explanation four times, but he did not appear even once.
Earlier on September 16, during the two-day monsoon session, a breach of privilege motion was moved by ShivSena MLA Pratap Sarnaik against Arnab. On this, the Assembly Secretariat issued a notice of breach of privilege and asked for clarification.
Sarnaik objected to the manner in which Arnab Goswami addressed Chief Minister Uddhav Thackeray and other ministers in a TV Debate regarding actor Sushant Singh Rajput’s death.
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