The Supreme Court has issued notice to the Maharashtra Legislative Assembly in the plea filed by journalist Arnab Goswami challenging the show cause notice served upon him for alleged breach of privilege..[Breaking] Arnab Goswami challenges Mahrashtra Assembly's breach of privilege notice in Supreme Court, CJI Bench to hear case tomorrow.The Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian observed that it was not yet clear on whether the privilege committee of the Maharashtra Assembly has pondered over the show cause notice and that Goswami should present himself before the committee to clarify..Senior Advocate Harish Salve, appearing for Goswami, maintained that they were challenging the jurisdiction of the Assembly itself, as the power to summon anyone for breach of privilege did not extend beyond the Assembly. He submitted,"Privilege of the Assembly cannot extend beyond the House just because you use harsh words for the state government. There is an interesting question if Articles 19 and 21 override the privilege motion. N Ram case is exactly the same thing and is pending before seven-judges Bench.".Salve further argued that breach of privilege can only be invoked if the working of the House or a member is disrupted.."We understand the gravity. But this is only a show cause notice and there is no motion", said CJI Bobde. He added,"I am on jurisdiction. Assembly's jurisdiction cannot extend beyond the House. In the Eenadu case, there was a stay on the motion against him and he went on a leave. Privilege motion is dealt by a committee of privileges. There needs to be a charge by the committee.".To this, Salve said that the Secretary of the Assembly has sent the show cause notice..The Court also asked Salve to show how a breach of privilege is different from contempt and to present case laws to substantiate the proposition.."If you criticise a man then won't it intimidate his performance?", asked CJI Bobde..Salve countered that Goswami may blame the Chief Minister or defame him. However, for this, a defamation case has to be filed and not a breach of privilege motion..The CJI, however, clarified that no motion has been passed, and that Goswami has only been asked for a reply..The matter will be taken up next week. .While Salve sought for interim protection apprehending action against the TV anchor before the next date of hearing, the Court did not venture into the same..A 60-page privilege notice was sent to Arnab 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 notice, Goswami had released a statement on his channel Republic TV that he would continue to question Uddhav Thackeray and other elected representatives, and that he has decided to contest the notice.
The Supreme Court has issued notice to the Maharashtra Legislative Assembly in the plea filed by journalist Arnab Goswami challenging the show cause notice served upon him for alleged breach of privilege..[Breaking] Arnab Goswami challenges Mahrashtra Assembly's breach of privilege notice in Supreme Court, CJI Bench to hear case tomorrow.The Bench of Chief Justice of India SA Bobde and Justices AS Bopanna and V Ramasubramanian observed that it was not yet clear on whether the privilege committee of the Maharashtra Assembly has pondered over the show cause notice and that Goswami should present himself before the committee to clarify..Senior Advocate Harish Salve, appearing for Goswami, maintained that they were challenging the jurisdiction of the Assembly itself, as the power to summon anyone for breach of privilege did not extend beyond the Assembly. He submitted,"Privilege of the Assembly cannot extend beyond the House just because you use harsh words for the state government. There is an interesting question if Articles 19 and 21 override the privilege motion. N Ram case is exactly the same thing and is pending before seven-judges Bench.".Salve further argued that breach of privilege can only be invoked if the working of the House or a member is disrupted.."We understand the gravity. But this is only a show cause notice and there is no motion", said CJI Bobde. He added,"I am on jurisdiction. Assembly's jurisdiction cannot extend beyond the House. In the Eenadu case, there was a stay on the motion against him and he went on a leave. Privilege motion is dealt by a committee of privileges. There needs to be a charge by the committee.".To this, Salve said that the Secretary of the Assembly has sent the show cause notice..The Court also asked Salve to show how a breach of privilege is different from contempt and to present case laws to substantiate the proposition.."If you criticise a man then won't it intimidate his performance?", asked CJI Bobde..Salve countered that Goswami may blame the Chief Minister or defame him. However, for this, a defamation case has to be filed and not a breach of privilege motion..The CJI, however, clarified that no motion has been passed, and that Goswami has only been asked for a reply..The matter will be taken up next week. .While Salve sought for interim protection apprehending action against the TV anchor before the next date of hearing, the Court did not venture into the same..A 60-page privilege notice was sent to Arnab 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 notice, Goswami had released a statement on his channel Republic TV that he would continue to question Uddhav Thackeray and other elected representatives, and that he has decided to contest the notice.