Arnab Goswami row: SC notice to Maha Legislative Assembly Secretary on plea against privilege notice

The Supreme Court on Wednesday sought a response from the Maharashtra Legislative Assembly Secretary on a plea by Republic TV's editor-in-chief Arnab Goswami challenging a breach of privilege motion against him for criticising Maharashtra Chief Minister Uddhav Thackeray.

A bench presided over by Chief Justice S A Bobde issued notice to the Legislative Assembly Secretary, seeking a reply within a week.

After hearing senior advocate Harish Salve on behalf of Goswami, the court, which did not stay the show cause notice, orally observed it is hoped they would not do anything till the matter is pending here.

Salve, appearing for Goswami, contended that privilege of the Assembly cannot extend beyond the House just because somebody used harsh words for the state government.

He said that the matter is whether Article 19 (freedom of speech and expression) and 21 (right to liberty) could override the privilege motion. He pointed out the matter is pending consideration before a seven-judge bench before the top court.

During the hearing, the bench said "We understand the gravity. But this is only a show-cause notice and there is no motion. But Salve insisted that he was only on the issue of jurisdiction. "

The court also said that privilege motion has to be dealt by a committee. There needs to be a charge by the committee.

To this, Salve said that the secretary has sent the notice, stating that the journalist was critical of the Chief Minister.

"I have placed debates of the House on record. I am assuming that I may have lied. I may have defamed but how does the House have jurisdiction? Someone says members of the Assembly are all criminal. Even that would not be a breach and can be a case of defamation," he said.

Salve maintained that the breach of privilege could be attracted when the performance of the Member of House is hampered.