The Madras high court on Wednesday quashed fresh privilege notices issued to Dravida Munnetra Kazhagam (DMK) chief MK Stalin and 17 other lawmakers of the party for displaying banned gutkha sachets in the state assembly four years back. Assembly speaker P Dhanapal first issued the notices in 2017 saying they brought the prohibited items banned in the state since 2013 into the House.
“When there are no clearly laid out rules and what constitutes the breach of privilege and what punishment it entails, it could not be stated that the petitioners ought to have obtained permission from the first respondent [speaker],” the court said. It added that administrative authorities must exercise their discretionary powers reasonably. “The court is concerned with the manner in which the decision has been passed. It means that the second respondent [secretary of the assembly] will be able to make the same decision again in the exercise of the discretionary power vested with it. Such a decision should not be arbitrary and inconsistent with Article 19 [freedom of speech] of the Constitution of India.”
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The DMK lawmakers moved the court saying the fresh notices were issued to them to prevent them from participating in the assembly proceedings and raising questions on the management of the Covid-19 pandemic.
{{/usCountry}}The DMK lawmakers moved the court saying the fresh notices were issued to them to prevent them from participating in the assembly proceedings and raising questions on the management of the Covid-19 pandemic.
{{/usCountry}}Stalin said the state government could have shown a similar concern in preventing gutkha sales. “We took gutkha packages to the assembly to indicate the huge number of banned gutkha sales in Tamil Nadu,” said Stalin. “They say the sale is still going on. gutkha government’s game is going to end soon.”
Tamil Nadu is due to go to the polls in April and May this year.