The Hindu : Kerala / Thiruvananthapuram News : Stay in Jayalalithaa case ‘unfortunate,’ says MP

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Sunday, Nov 04, 2007
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Stay in Jayalalithaa case ‘unfortunate,’ says MP

Special Correspondent

Varkala Radhakrishnan

Thiruvananthapuram: The former Speaker Varkala Radhakrishnan, MP and Panel Chairman in the Lok Sabha, on Saturday termed the Chennai High Court stay on the privilege proceedings against the former Tamil Nadu Chief Minister Jayalalithaa as “unfortunate and a clear case of encroachment on the powers and privileges guaranteed under the Constitution.”

In a statement here, Mr. Radhakrishnan said the stay on the privilege proceedings and the notice to the respondent namely the Chairman of the Committee of Privileges, Tamil Nadu Assembly, was likely to create a confrontation between the two pillars of the State — the judiciary and the legislature.

“It is relevant to mention here that in a recent privilege issue in respect of the Indian Ambassador to America who had made some allegation casting aspersions against members of Parliament had been served notice. The Indian Ambassador is summoned by the Privilege Committee of both houses of Parliament, for calling the members as ‘headless chickens.’

He had tendered an unconditional regret before the committee.

The words used did not refer to any proceeding in the House or hampering the function of the House. In the Madras High Court case, the petitioner is a member of the legislative Assembly who had ample opportunities to explain her position before the committee. The petitioner, who is also the Leader of Opposition in the House, is duty bound to follow the legislative process.

“It is unbecoming on her part to approach the court and obtain a stay in the matter. She is expected to strengthen the legislative process. It is really unfortunate that she has gone to the court for its interference in the legislative process creating a situation in which a confrontation between the two wings may arise,” Mr. Radhakrishnan said.

He said: “It may be noted that the Contempt of Court Act is meant for proper functioning of the Judiciary and maintain the dignity of the judicial proceedings. Even the defence of justification by truth is not tolerated by the court. Articles 105 and 194 are provided in the Constitution for the purpose of lawful functioning of Parliament and State Legislatures respectively. Any kind of interference on these constitutional powers is against the spirit and democratic principles of the constitution.

“Recently, the Supreme Court had ruled that any decision of the Supreme Court would not prevail over the constitutional provisions,” he said.

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