"Foundational defects" in Privilege Notice issued against DMK MLAs for displaying Gutkha Packets in TN Assembly: Madras HC [Read Judgment]

The Court said that issuance of notice for breach of privilege in the matter, "suffers from a foundational error of assuming the conduct of the petitioners to be prohibited by the notification dated 23.5.2017."
Madras High Court
Madras High Court

The Madras High Court on Tuesday ruled that the Tamil Nadu Assembly Speaker's 2017 breach of privilege notice against Opposition Leader MK Stalin and 20 other DMK MLAs for displaying sachets of Gutkha on the Assembly floor suffered from foundational defects (MK Stalin v. The Speaker and ors).

This is in view of the Court's finding that the display of the banned Gutkha for the purpose of highlighting its widespread availability on the Assembly Floor does not violate any law.

However, the Court has left it to the Privilege Committee to deliberate on the issue further and examine whether the conduct would amount to a breach of privilege, particularly since the legality of a conduct does not necessarily mean that the conduct is not a breach of privilege.

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