- Apprentice Lawyer
- Legal Jobs
While hearing Arnab Goswami's challenge to the breach of privilege notice issued by the Maharashtra Assembly against him, Chief Justice of India SA Bobde today observed that his father Arvind Shrinivas Bobde and Nani Palkhiwala had also received similar notices.
CJI Bobde said,
CJI SA Bobde
He also observed that the Court needs to see whether the show cause notice was served to Goswami after the Privileges Committee perused the same.
While making these observations, the Bench of CJI Bobde and Justices AS Bopanna and V Ramasubramanian adjourned the case for two weeks so that Goswami can serve the state assembly with a copy of his affidavit. This, after Senior Advocate Harish Salve, appearing for Goswami, argued that it could not be served till now.
Senior Advocate Abhishekh Manu Singhvi, appearing for the State, clarified that the complaint is made to the Speaker and then this complaint is served upon the Privileges Committee.
CJI Bobde sought to know "whether the privileges committee had taken note of this show cause notice."
When Salve stated that Goswami was worried that the Assembly would take his refusal to accept notice of the motion as "confrontational", CJI Bobde brushed it aside, saying that the counsel knew what to do
The Supreme Court had earlier issued notice to the Maharashtra Legislative Assembly in the plea filed by Goswami challenging the show cause notice served upon him for alleged breach of privilege.
The Bench had observed that it was not yet clear whether the Privileges Committee of the Maharashtra Assembly has pondered over the show cause notice and that Goswami should present himself before the Committee to clarify.
A 60-page privilege notice was sent to Arnab Goswami after motions were moved against him by the Shiv Sena in the both Assembly Houses in Maharashtra.
A privilege motion can be moved if an individual or authority violates or disregards any of the privileges, powers, and immunities of the House concerned or members of the House or Committee. What amounts to breach of privilege or contempt is decided by the House, which also decides the punishment.
Salve had maintained that they were challenging the jurisdiction of the Assembly itself, as the power to summon anyone for breach of privilege did not extend beyond the Assembly. He submitted,
"Privilege of the Assembly cannot extend beyond the House just because you use harsh words for the state government. There is an interesting question if Articles 19 and 21 override the privilege motion. N Ram case is exactly the same thing and is pending before seven-judges Bench."
Salve further argued that breach of privilege can only be invoked if the working of the House or a member is disrupted.
In his response to the notice, Goswami had released a statement on his channel Republic TV that he would continue to question Uddhav Thackeray and other elected representatives, and that he has decided to contest the notice.