No escape from judicial scrutiny, if rights are denied: Hyderabad HC
Hyderabad: In a major setback to the ruling TRS, the Hyderabad High Court on Tuesday set aside a resolution passed by the Telangana Assembly expelling Congress MLAs Komatireddy Venkat Reddy and S.A. Sampath Kumar from the membership of the House.
On the allegation against the petitioners that they caused bodily harm to the Telangana Legisla-tive Council chairman by throwing headphones at him during the Gove-rnor’s speech, Justice Rao said, “It is made clear that if at all there is any criminal act involved, there is legal recourse to address it on its own merit.”
On March 12, acrimonious scenes were witnessed in the Assembly as Governor E.S.L. Narasimhan began his address to a joint session of the House. Congress MLAs rushed to the well to protest what they termed the anti-farmer policies of the TRS government, tearing up and hurling copies of the Governor’s speech. A pair of headphones thro-wn by Venkat Reddy had allegedly struck Legisl-ature Council Chairman Swamy Goud’s right eye, and he had to be taken to Sarojini Devi Eye Hospital for treatment.
The Telangana Assem-bly passed a resolution on March 15 expelling Venkat Reddy and Sampath Kumar for disrupting the House and causing injury to the Council chairman. The same day, the Assembly Secretariat issued a notification of vacancies in Nalgonda and Alampur.
The expelled MLAs moved court, contending that the Speaker had no power or jurisdiction to disqualify them from the House and his action was in violation of the principles of natural justice, in derogation of Rule 17 of the Procedure and Conduct of Business in the Assembly, and ultra vires the provisions of Articles 175 and 176 of the Constitution.
They said they were expelled from the House without an opportunity to submit their version of events, and also without a committee being constituted to examine the allegation of causing bodily harm to the chairman. They also told the court that they had requ-ested video footage of the Governor’s speech, but the legislative secretary had not provided it to them.
The judge, who had stayed the notification of the Assembly on March 19, on Tuesday, said judicial review is permissible whenever the court finds a violation of the principles of natural justice. The judge also considered the contention of the petitioners that the Governor’s speech does not fall within the purview of business of the House.
Telangana Advocate General D. Prakash Reddy had resigned from his post as he was unable to furnish the video footage to the court.
While referring the various judgments of the Supreme Court in similar cases, the judge observed that the procedure that has been followed by the House is illegal.
The judge pointed out that “it is crystal clear that the due process of law and opportunity of hearing, which are man-datory, were abdicated in the case by neither giving notice or opportunity to the accused to explain nor supplied any documents or other material”
The judge held that it was a clear violation of the principles of natural justice and fundamental rights and set aside the very expulsion proceedings covered under the resolution and the consequential notification of notifying the vacancy of assembly segments.
The judge made it clear that if the proceedings inside the House are in violation of Constitution provisions such as Articles 14, 19 and 21, it can’t escape the judicial scrutiny.
