Arnab Goswami v Maharashtra Assembly: Assistant Secy says he acted on Speaker's direction, SC mulls on whether Speaker should be served notice

The Supreme Court today adjourned for two weeks the hearing in the plea filed by Republic TV Editor-in-Chief Arnab Goswami challenging the Maharashtra Assembly's breach of privilege notice. .The Court said that it needs time to peruse the counter filed by Assistant Secretary of the Assembly Vilas Athawale, filed late last evening..The matter was heard by a Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian..On the last date of hearing, the Court had summoned Athawale, Assistant Secretary of the Maharashtra Vidhan Mandal Sachivalaya, for allegedly intimidating Goswami with the object of deterring the journalist from moving the Supreme Court..In his counter filed before the Court, Athawale has submitted that he acted on the directions of the Speaker of the Assembly. .Some of the key points Athawale submitted before the top court:- Assistant Secretary of Maharashtra Assembly states letter to Arnab Goswami on breach of confidentiality was approved by Speaker- Letters addressed to Goswami had been addressed to others earlier too but with no intention to intimidate- Reply states minutes of the assembly could not have been produced without prior permission of the speaker - Such production was breach of confidentiality and that a show cause notice could have been produced in Supreme Court by Goswami along with his Article 32 plea- Power of the house to control the publication of its debates and proceedings is to protect the fundamental right of speech and expression of its members guaranteed under the Constitution- Under Rule 315 unless speaker grants permission Minutes of house proceedings cannot be used as an evidence in the court of law. No reply recieved from Arnab Goswami on the show cause notice.Appearing for Goswami today, Senior Advocate Harish Salve submitted that notice must be issued to the Speaker..Senior Advocate Arvind Datar, who appeared as Amicus Curiae in the matter, stated that since the counter states that Athawale was an "agent" and acted as per the Speaker, a notice to the Speaker was needed.CJI Bobde also stated that a notice would be needed, apprehending that the Speaker should not submit that proceedings were carried out without informing him..However, Senior Advocate Dushyant Dave strongly argued that there was no contempt on the part of the Assistant Secretary. He said,."ED has raided the office of the MLA who complained against Arnab Goswami. Will this be contempt of court?"Senior Advocate Dushyant Dave.The Court then asked Datar to also ponder on whether or not the Speaker should be served notice in the case.The parties have been asked to file brief submissions on the next date of the hearing..During the previous hearing, CJI Bobde had taken strong exception to a letter written by the Secretary to Goswami on October 13, in which Goswami was allegedly berated for producing before the Supreme Court the minutes of proceedings sent to him by the Speaker and the Privileges Committee of the Maharashtra Legislative Assembly. These proceedings were in relation to the breach of privilege motion initiated against Goswami.."You have knowingly breached the notice of assembly and it amounts to breach of confidentiality," the October 13 letter from the Secretary to Goswami stated..[Breaking] Supreme Court summons Maharashtra Assembly Assistant Secretary for contempt, "intimidating" Arnab Goswami.The Bench had observed that this letter was in the teeth of Article 32 and amounted to a threat to prevent Goswami from moving the Supreme Court..CJI Bobde had said that such attempts to prevent citizens from exercising their rights under Article 32 would amount to serious interference with the administration of justice. The Secretary was asked to be personally present in Court for the next hearing and explain why contempt of court action should not be initiated against him for the October 13 letter..Challenge to Maharashtra Assembly Breach of Privilege notice: Arnab Goswami was given 10 minutes' notice to appear, Supreme Court told.Goswami had approached the Supreme Court challenging the September 16 privilege motion sent to him by the Maharashtra Assembly for his criticism of government inaction in the Sushant Singh Rajput suicide case..The 60-page privilege notice was sent to 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..In his response to the privilege notice, Goswami had released a statement on his channel, stating that he would continue to question Uddhav Thackeray and elected representatives, and that he has decided to contest the notice..The Court went on to issue show cause notice to the Secretary while also protecting Goswami from arrest in the matter.