Madras HC to hear petition against notice for display of Gutka on Assembly Floor

A writ petition has been filed in the Madras High Court protesting the issuance of notice by the Privilege Committee of the Tamil Nadu Legislative Assembly to the MLAs of the Opposition party, Dravida Munnetra Kazhagam (DMK)..The notice was issued after Leader of the Opposition MK Stalin displayed packets of the banned substance, Gutka on the assembly floor..The petition, preferred by DMK MLA Ravichandran KS, alleges that the timing of the notice is indicative of a ploy by the ruling government to weaken the recent challenge to prove its majority by a floor test. The matter was mentioned for urgent hearing today before the First Bench of Chief Justice Indira Banerjee and Justice M Sundar..The prohibition of manufacture and sale of Gutka and Paan Masala in the state commenced in 2013, and has thereafter been extended each year. The ban was recently extended through a notification with effect from March 23, 2017. Besides, the Food Safety and Standards (Prohibition and Restrictions on Sales) Regulations, 2011 already prohibits addition of tobacco and nicotine as ingredients in any food products..However, the petition points out that the substance is still easy to procure owing to administrative corruption. In this regard, reference is also made to a recent report on the Gutka scam, in which case the Director General of Police was also implicated..On July 19, MK Stalin had exhibited packets of the banned substance on the Assembly floor, purportedly to demonstrate the flagrant violation of the ban on Gutka and its availability in the market. In response, on the same day, the Speaker referred the matter to the Privilege Committee. Ravichandran has submitted that this was done without giving any opportunity to address the House on the allegations of breach of privilege..The Privilege Committee issued a show cause notice to 20 MLAs of the DMK party on August 28. Ravichandran points out that the Committee acted on the referral only after 19 MLAs withdrew their support for the ruling party on August 22, thereby weakening its majority..According to the petitioner, the timing of the action is indicative of mala fide intent to prevent the petitioner from exercising his legal and constitutional right to vote at the Floor Test that is likely to be conducted in the Legislative Assembly..It has also been contended that the show cause notice does not disclose the basis on which the Privilege Committee assumed jurisdiction. The laws only prohibit manufacture and sale of Gutka and there is no provision in the rules of the Legislature preventing exhibition of the same..Further, the impugned display of Gutka packets only amounts to an extension of the right to free speech and expression. It has been contended, such exhibition is protected for being made in good faith under Article 105 of the Constitution..The petitioner has also submitted that in issuing notice without giving an opportunity to be heard, the Committee has violated Rule 223 of the Tamil Nadu Legislative Assembly Rules. This Rule provides that where the speaker deems that a matter warrants such intervention of the House,.“…the Speaker may give an opportunity to the Member against whom the matter is sought to be raised to briefly explain his case.”.The petitioner has emphasised that issuance of notice without giving such opportunity violates the natural justice principle of audi alteram partem..In response to demands made by the Committee for an explanation, the petitioner had submitted a letter dated September 4, seeking more time to present the same. An extension of 15 days was sought, given the fact that he felt it was necessary to seek legal opinion as to whether the show cause notice is legally valid..The matter is posted to be heard tomorrow by Justice M Duraiswamy..Read copy of petition below.