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While hearing Arnab Goswami's plea challenging to the breach of privilege notice issued by the Maharashtra Assembly against him, Chief Justice of India SA Bobde stated that his father Arvind Shrinivas Bobde and Nani Palkhiwala were served similar notices.
CJI Bobde stated that, "In this House, when one member makes derogatory statement on another member, then the Speaker makes note of it and presents it to the Privileges Committee. My father and the late Mr. Nani Palkhivala were presented with similar notice by the Maharashtra assembly." He also mentioned that the Court needs to see whether the show cause notice was presented to Goswami after the Privileges Committee perused the same.
While making these observations, the Bench consisting of CJI Bobde and Justices AS Bopanna and V Ramasubramanian adjourned the case for two weeks so that Goswami can present in front of the state assembly with a copy of his affidavit. This, after Senior Advocate Harish Salve, appearing for Goswami, stated that it could not be served till now.
Senior Advocate Abhishekh Manu Singhvi, representing the State, clarified that the complaint is made to the Speaker and then this complaint is served upon the Privileges Committee.
CJI Bobde ought to know "whether the privileges committee had made note of this show cause notice." The SC had earlier issued notice to the Maharashtra Legislative Assembly in the plea which was filed by
Arnab Goswami challenging the notice which was presented before him for alleged breach of privilege.
The Bench had stated that it was not yet clear whether the Privileges Committee of the Maharashtra Legislative 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 served to Arnab Goswami by the legislative Assembly in Maharashtra. A privilege motion can be presented only 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 a breach of privilege or contempt is decided by the House, which also decides the punishment.
"Privilege of the Assembly cannot extend beyond the House just because you use unpleasant words for the state government. There is a question if Articles 19 and 21 can overrule the privilege motion. N Ram case is the same thing and is pending before seven-judges Bench." Salve further mentioned that breach of privilege can only be invoked if the working of the House or a member is disrupted.
In the response to the notice, Goswami has made a statement on his channel Republic TV that he would continue to question Uddhav Thackeray and representatives, and that he has decided to contest the notice.
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