"My Late Father and Mr Nani Palkhivala Served With Such Notices by Assembly," CJI Bobde in Arnab Goswami's Plea Against Maharashtra Assembly

Senior Advocate Harish Salve told the top court today that the Maharashtra Legislative Assembly and the Speaker could not be served in the plea by Arnab Goswami, Journalist and Editor-in-Chief of Republic Media Network, challenging the breach of privilege motion against him by Maharashtra Assembly & Legislative Council.

A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun was informed that the officer report suggested that appearance had not been entered.

In this context, the Court asked Salve to file an affidavit stipulating service.

Petitioner to file affidavit stipulating service upon the Respondent(s).
Salve says that their refusal to accept notice worries him.

"I hope they don't take a confrontational position against me (#ArnabGoswami)"

— Live Law (@LiveLawIndia) October 12, 2020

Senior Advocate Abhishek Manu Singhvi appeared for the state of Maharashtra and informed the Court that he had no role to play in the present petition.

CJI SA Bobde then sought to know that when privilege committee issues notice to a person as why he shouldn't be proceeded against, what is the procedure adopted?

To this, Singhvi replied (in his personal capacity),

"Will answer not for State as I have some knowledge. Complaint has to be referred to the Committee which is of both houses".

CJI Bobde then proceeded to state that In the house when one member alleges statement against another member, then the speaker takes note of it and forwards it to the privileges committee. "My late father and Mr Nani Palkhiwala was served such a notice by the Maharashtra assembly," added the CJI.

The case is now listed after two weeks.

On the last date of hearing, Senior Advocate Harish Salve appeared for Goswami and informed the Court that the question which arises in the instant plea is pending adjudication before a 7-judge bench of top court [N.Ram Case] and added that in light of this, he was looking at the Solicitor General's assistance as well.

Mr. Salve had argued that the privileges of an Assembly could not be used against someone outside of the House. He added that the breach of privilege and could only lie if there was any hindrance, obstruction, interference by a person and interfered with performance of duties or workings of the house.

Background:

The motion was moved against Goswami by Shiv Sena MLA Pratap Sarnaik, accusing Goswami of using derogatory language against Chief Minister Uddhav Thackeray and NCP president Sharad Pawar in relation to inaction by the State Government viz. the unfortunate death of Actor Sushant Singh Rajput.

Party legislator Manisha Kayande moved a similar motion in the legislative council.

Following this, a 60-page notice was sent to Arnab Goswami, stipulating that he has breached the privileges of the Legislative Assembly of Maharashtra.

A similar motion has been moved against Actress Kangana Ranaut for her allegedly derogatory remarks against Maharashtra, comparing the State to POK (Pakistan Occupied Kashmir).