Chennai: Justifying the notice issued by the privileges committee to the 21 DMK MLAs, seeking their explanation, for exhibiting the banned substances (gutka) inside the House, the Tamil Nadu State Legislative Assembly secretary informed the Madras high court that the Speaker was of the prima facie opinion that the acts of the 21 MLAs involved a question of breach of privilege of the House and therefore, he referred the issue to the privileges committee immediately for examination, investigation and report.
K. Boopathy, secretary, TN Legislative assembly, stated this in his counter affidavit filed in response to the petitions filed by 21 DMK MLAs including Leader of the Opposition M.K. Stalin, challenging the notice issued by the Privileges Committee. He said the Speaker has not come to any conclusion that the petitioners have committed any breach of privilege of the House. The Speaker did not take any haste or unilateral penal action immediately against the members for displaying the banned items inside the House. As decided by the Committee of Privileges during its preliminary meeting held on August 28, the petitioners were only called upon to offer their explanation for exhibiting the banned substances inside the House. Article 194 (3) of the Constitution of India provides that the legislative assembly has all powers, privi-leges and immunities. Under Article 212 of the Co-nstitution, the House has powers to regulate its own proceedings and further it was the privilege of the House to conduct its internal proceedings within the the House free from interference.
Hence, the reference to the issue by the Speaker to Privileges Committee and issuance of notice by it and further proceedings were completely within the jurisdiction of the House, he added. The members were bound by the rulings and observations of the Chair while participating in the discussion and the members could not use their freedom as they wish inside the House. The committee on privileges was yet to decide on the issue based on these touchstone and the petitioners have rushed to this court before even the same was taken up for consideration in the committee, he added.
The allegation of the petitioners that the investigation of the committee of privileges was without jurisdiction and was a complete contravention of the principles of natural justice actuated by malafides was totally unjustifiable. It was incorrect to allege that the issue was referred to the Committee of Privileges with a sole motive to prevent them from exercising their legal and constitutional right to vote in the Floor Test of the Legislative assembly, he added.
