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Arnab vs Maharashtra Assembly

Throughout the hearing of Arnab Goswami’s plea on Monday, challenging the privilege notice by Maharashtra Assembly, S.A. Bobde, the Chief Justice, said this to his father alongside Nani Palkhiwala, had been served with comparable notice.

Tushar Mehta Solicitor General appeared before the top court and informed the bench that the centre is being represented by him.

Last month, the apex court had issued a notice on a plea of Arnab Goswami challenging the September 16 show cause sent to him by the Maharashtra Legislative Assembly for his criticism of alleged government inaction in the passing of Bollywood entertainer Sushant Singh Rajput case

The Chief Justice announced that the Centre is not a party in the matter. Harish Salve, the senior advocate, representing Goswami, stated we have served the Union of India.

The Chief Justice asked, whether the privileges committee taken note of this show cause notice? Abhishek Manu Singhvi, the Senior advocate representing the Maharashtra government. A complaint was submitted by him to the speaker, then it was served upon the privileges committee.

In the house when one member alleges a statement against another, the note is taken of it by the speaker of the house and it is then forwarded to the Privilege Committee by him, The Chief Justice said.

“My father, Arvind Bobde and the late Mr. Nani Palkhivala were served such notice by the Maharashtra Assembly”, said the Chief Justice, who headed the bench also comprising Justices A.S. Bopanna and V Ramasubramanian.

Salve told, “I hope they do not take a confrontational position.” The bench replied to Salve, “You have come here due to anxiety, but we have to adhere to the law in this case.”

It needs to see whether the show, the notice was served to Goswami after the Privileges committee perused the same the bench noted, after a brief hearing in the matter, the bench adjourned the case for two weeks to enable Goswami to serve the assembly with a copy of his affidavit.

The top court had sought a reply from the Maharashtra Legislative Assembly in the plea filed by Goswami earlier, the top court had said it understands the gravity of the matter.

The bench stated: “But this is only a show-cause notice and there is no privilege action”.

Salve submitted: “I am on jurisdiction. Assembly’s jurisdiction cannot spread past the House.”

The privilege motion is usually dealt by a committee of privileges and there needs to be a charge by the committee, the Chief Justice told.

 

 

source: with input from ians