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Arnab Vs Maha Assembly, CJI cites his father was also served a notice from Assembly

Arnab Vs Maha Assembly, CJI cites his father was also served a notice from Assembly
October 13
10:18 2020

NEW DELHI: During the hearing of Arnab Goswami’s plea on Monday, challenging the breach of privilege notice by Maharashtra Assembly, Chief Justice S.A. Bobde said his father, along with Nani Palkhiwala, had been served with a similar notice.

Solicitor General Tushar Mehta appeared before the top court and informed the bench that he is representing the Centre.

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

The Chief Justice said but the Centre is not a party in the matter. Senior advocate Harish Salve, representing Goswami, said we have served the Union of India.

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

The Chief Justice said in the House, when one member alleges a statement against another, then the Speaker of the House takes note of it and then forwards it to the Privilege Committee. “My father, Arvind Bobde and the late Mr Nani Palkhivala were served such a notice by the Maharashtra Assembly”, said the Chief Justice, who headed the bench also comprising Justices A.S. Bopanna and V Ramasubramanian.

Salve submitted, “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.”

The bench noted that it needs to see whether the show cause notice was served to Goswami after the Privileges Committee perused the same. After a brief hearing in the matter, the bench adjourned the case for two weeks to allow Goswami to serve the Assembly with a copy of his affidavit.

Earlier, the top court had sought reply from the Maharashtra Legislative Assembly in the plea filed by Goswami. The top court had said it understands the gravity of the matter. “But this is only a show cause notice and there is no privilege motion”, said the bench.

Salve had submitted “I am on jurisdiction. Assembly’s jurisdiction cannot extend beyond the House.”

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

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