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Dmk mla previlage notice set aside by mhc cj bench full order

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[8/25, 11:56] Sekarreporter 1: W.P.No.24156 of 2017, etc, batch
IN THE HIGH COURT OF JUDICATURE AT MADRAS
RESERVED ON : 14.8.2020
& 21.8.2020
DELIVERED ON : 25.8.2020
CORAM :
THE HON’BLE MR.A.P.SAHI, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.Nos.24156, 24157, 24159 to 24171 and 24173 to 24176 of 2017
and
W.M.P.Nos.29458, 25527, 25534, 25495 to 25497, 25500 to 25517,
25519 to 25525, 25528 to 25532, 25518, 25533, 25535, 29445 to
29446, 29448 to 29457, 29459 to 29460, 29462 to 29465 of 2017
W.P.No.24156 of 2017
M.K.Stalin … Petitioner
vs.
1.The Speaker,
Tamilnadu Legislative Assembly,
Fort St. George, Chennai 600 009.
2.The Secretary,
Tamilnadu Legislative Assembly,
Fort St. George, Chennai 600 009.
3.Privileges Committee,
Rep. by its Chairman,
Tamilnadu Legislative Assembly,
Fort St. George, Chennai 600 009.
______________
Page 1 of 166
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[8/25, 11:57] Sekarreporter 1: W.P.No.24156 of 2017, etc, batch
4.V.Jayaraman
Chairman, Privileges Committee,
Tamilnadu Legislative Assembly,
Fort St. George, Chennai 600 009. … Respondents
and batch cases.
For Petitioner in
W.P.No.24156 of 2017
: Mr.R.Shanmughasundaram
Senior Counsel
for M/s.R.Girirajan
and S.Manuraj
For Petitioners in
W.P.Nos.24157, 24159,
24160, 24162 to 24167,
24169 to 24171, 24173
to 24176 of 2017
: Mr.N.R.Elango
Senior Counsel
for M/s.R.Neelakandan
R.Girirajan, P.Muthukumar
and S.Manuraj
For Petitioner in
W.P.No.24168 of 2017
: Mr.Amit Anand Tiwari
assisted by
Mr.S.Mahesh Sahasranaman
and Ms.Devyani Gupta
for M/s.R.Neelakandan
and P.Muthukumar
For Petitioner in
W.P.No.24161 of 2017
: Mr.B.Harikrishnan
For 2
nd respondent in
W.P.Nos.24159 to
24171 and 24173 to
24176 of 2017
: Mr.Vijay Narayan
Advocate General
assisted by
Mr.S.R.Rajagopal, AAG-VI
assisted by
Mr.V.Jayaprakash Narayanan,
State Govt. Pleader
______________
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[8/25, 11:57] Sekarreporter 1: W.P.No.24156 of 2017, etc, batch
For respondents 3 and 4
in W.P.Nos.24159 to
24171 and 24173 to
24176 of 2017
: Mr.A.L.Somayaji
Special Senior Counsel
assisted by
Mr.K.Gowtham Kumar
COMMON ORDER
THE HON’BLE CHIEF JUSTICE
Twenty-one Members of the Opposition in the Tamil Nadu
Legislative Assembly representing the DMK Party were put to notice
by the Speaker for having allegedly breached the privilege of the
House while conducting themselves on 19.7.2017, when they raised
an issue of accountability of the Government regarding flourishing
of the unlawful banned trade of Gutkha in the State by physically
displaying Gutkha sachets as well as photographs of certain shops
where such items were being sold. It is the case of the petitioners
that the sachets and photographs were exhibited in order to
emphasize and impress upon the House as well as the Treasury
Benches that action deserved to be taken, as the trade was being
negotiated in the State of Tamil Nadu under the shadow of a
particular Minister of the Government as well as high administrative
______________
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[8/25, 11:57] Sekarreporter 1: W.P.No.24156 of 2017, etc, batch
law particularly the Notification dated 23.5.2017.
ii. Our conclusion aforesaid is confined only to the
interpretation of the notification dated 23.5.2017
vis-a-vis the specific conduct of the petitioners
inside the House that was made the basis for the
issuance of notice of breach of privilege and is
not to be construed as an interpretation
regarding a prosecution or trial of any offence
before a competent forum arising out of the
notification dated 23.5.2017.
iii. We leave it open to the Committee of Privileges,
if it so chooses, to deliberate upon the issue any
further in case it still is of the opinion that any
breach has been committed of the privileges of
the House by the petitioners and in that event,
the petitioners will be at liberty to raise all such
objections that have been raised before us, or
even otherwise available in law.
______________
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[8/25, 11:58] Sekarreporter 1: W.P.No.24156 of 2017, etc, batch
107. With the aforesaid observations, all the writ petitions are
partly allowed and stand disposed of. No costs. Consequently,
connected miscellaneous petitions are closed.
(A.P.S., CJ.) (S.K.R., J.)
25.08.2020
Index : Yes
sasi
______________
Page 164 of 166
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