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"He Was Given 10 Minutes To Appear": Lawyer Tells SC In Arnab Goswami's Plea Challenging Breach Of Privilege Motion By Maharashtra Assembly

Sanya Talwar
2 Nov 2020 2:51 PM GMT
He Was Given 10 Minutes To Appear: Lawyer Tells SC In Arnab Goswamis Plea Challenging Breach Of Privilege Motion By Maharashtra Assembly
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"Was sent notice to appear at 3 pm within 10 minutes," submitted Senior Advocate Milind Sathe appearing for Journalist Arnab Goswami in Supreme Court today.A bench comprising Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun was hearing a plea by the Republic TV Editor in Chief, Arnab Goswami, challenging the breach of privilege motion against him by Maharashtra Assembly...

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"Was sent notice to appear at 3 pm within 10 minutes," submitted Senior Advocate Milind Sathe appearing for Journalist Arnab Goswami in Supreme Court today.

A bench comprising Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun was hearing a plea by the Republic TV Editor in Chief, Arnab Goswami, challenging the breach of privilege motion against him by Maharashtra Assembly & Legislative Council.

Sathe further told the Court that the Privileges Committee was formed only recently, to which CJI SA Bobde said that the Committee can take up the issue. "If there is any action on privileges and action against you, then we will consider."

The Chief Justice also told Sathe to file an affidavit in this regard stipulating details.

"You put these details on Affidavit, we'll hear you on Friday," said the CJI.

The bench was inclined to adjourn the matter on account of non-appearance by parties on the opposite side.

On the last date of hearing, Senior Advocate Harish Salve who had then appeared for Goswami told the top court, that the Maharashtra Legislative Assembly and the Speaker could not be served.

He was then asked to file an affidavit in this regard, stipulating service/non-service.

Earlier, when notice was was issued in the plea, Senior Advocate Harish Salve had informed the Court that the question which arises in the instant plea is pending adjudication before a 7-judge bench of top court [N.Ram Case] and added that in light of this, he was looking at the Solicitor General's assistance as well.

Mr. Salve had argued that the privileges of an Assembly could not be used against someone outside of the House. He added that the breach of privilege and could only lie if there was any hindrance, obstruction, interference by a person and interfered with performance of duties or workings of the house.

Background:

The motion was moved against Goswami by Shiv Sena MLA Pratap Sarnaik, accusing Goswami of using derogatory language against Chief Minister Uddhav Thackeray and NCP president Sharad Pawar in relation to inaction by the State Government viz. the unfortunate death of Actor Sushant Singh Rajput.

Party legislator Manisha Kayande moved a similar motion in the legislative council.

Following this, a 60-page notice was sent to Arnab Goswami, stipulating that he has breached the privileges of the Legislative Assembly of Maharashtra.

A similar motion has been moved against Actress Kangana Ranaut for her allegedly derogatory remarks against Maharashtra, comparing the State to POK (Pakistan Occupied Kashmir).

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