JOIN USSC mulls notice to Maharashtra Speaker over letter to Arnab Goswami
The Supreme Court on Tuesday mulled issuing notice to the Maharasthra Speaker in a contempt case against Assistant Secretary of the State Legislative Assembly.
The Assembly official had earlier questioned Republic TV's Editor-in-chief Arnab Goswami for his petition in the top court against a privilege notice for criticising Maharashtra Chief Minister Uddhav Thackeray.
This had on November 6 led the apex court to ask the official to show cause why contempt proceedings should not be initiated against him.
On Tuesday, hearing the petition by Goswami, a bench presided over by Chief Justice S A Bobde broached the idea of issuing notice to the Speaker. "The Speaker should not argue tomorrow that he was not heard," the bench said. Senior advocate Harish Salve, appearing for Goswami, submitted a notice should be issued to the Speaker as well. Senior advocate Arvind Datar, appearing as amicus curiae, agreed that a notice should be issued to the Speaker since the Assistant Secretary submitted he was acting as an agent of the Speaker.
Senior advocate Dushyant Dave, appearing for the Assistant Secretary, said there was no contempt nor was there any attempt to obstruct the administration of justice, when the letter was issued questioning Goswami why he produced Assembly proceedings before the top court.
He also objected to contempt notice to the Speaker. Dave maintained that there can't be contempt notice unless it was shown that there was contempt.
The court, however, put the matter for consideration after two weeks.
On November 6, the court protected Goswami from arrest in the case related to privilege notice, issued for criticising Chief Minister Uddhav Thackeray, and summoned the Assistant Secretary personally before it. The court had then expressed anguish at the conduct of Vilas Athwale, Assistant Secretary of the Assembly, saying "it amounts to serious and direct interference into the administration of justice".
Athwale had shot off a letter to Goswami on October 13, questioning him how he produced the missives sent to him by the Speaker and Privilege Committee since they were confidential in nature.
"No authority in the country can penalise someone for approaching this court. This is in teeth of Article 32 of the Constitution. How dare this officer wrote something like this in his letter," the bench had said.
On Tuesday, Athwale maintained that the letter was issued at the instance of the Speaker.