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High Court issues notices to House, MLAs

Special Correspondent

Controversial debate in Assembly

JAIPUR: In an order set to create ripples in the legislature, the Rajasthan High Court on Wednesday issued show cause notices to the State Assembly and four MLAs on a writ petition seeking appropriate action against those who participated in a controversial debate in the House during its Budget session on March 20 casting aspersions on and questioning the integrity of Judges of the High Court and lower courts.

Justice Ashok Parihar of the High Court issued notices to the Assembly through its Secretary, ruling BJP MLAs Nathu Singh Gujjar and Madan Rathore, and Opposition Congress MLAs Durga Prasad Agrawal and Mohammed Mahir Azad. The petition, moved by a lawyer, Amit Gupta, has inter alia sought initiation of contempt proceedings against all those who participated in and were witness to the March 20 debate.

The court, while issuing the notices returnable within a month, observed, that whatever happened in the Rajasthan Legislative Assembly, as alleged in the writ petition, appears to be unfortunate. Notices were also issued to the State Chief Secretary and Advocate General, named as respondents in the case.

First instance

This is for the first time in Rajasthan that the High Court has taken cognizance of a debate in the Assembly and set off the process to examine whether the MLAs, by making disparaging remarks against Judges, had transgressed the privilege of legislature and attacked the independence of judiciary.

Petitioner's counsel Abhinav Sharma contended that the debate in the Assembly was well-planned and both the ruling party and the Opposition had joined hands with the ulterior motive to denigrate judiciary. Mr. Sharma said the proceedings of the Assembly violated Article 211 of the Constitution laying down restriction on debate on conduct of Judges in the House.

Moreover, the discussion on the conduct of a Judge can take place only in the Parliament while taking a decision on his impeachment. Article 211 of the Constitution says: No discussion shall take place in the Legislature of a State with respect to the conduct of any Judge of the Supreme Court or of a High Court in the discharge of his duties. Mr. Justice Parihar, while issuing the notices, sought an explanation as to why due care was not taken under Article 211 at the time of discussion in the said matter and why the Speaker taking note of Article 211 did not bother or could not expunge the remarks made against Judges and judiciary.

Even the Leader of the House and the Leader of Opposition seem to have taken no initiative in this regard. The Judge also directed the Advocate General to explain whether the matter could be referred to a larger Bench of the High Court or even the Constitution Bench of the Supreme Court for laying down guidelines as to under what circumstances, can the court intervene in such matters, instead of remaining a silent spectator, in spite of protection under Article 211.

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