"How Dare He Says? What is Article 32 For?" CJI Bobde While Issuing Contempt Notice To Maharashtra Assembly Secy. In Arnab Goswami Case

The Supreme Court on Friday issued contempt notice to the Secretary of the Maharashtra Legislative Assembly for sending a letter to Arnab Goswami, the editor-in-chief of Republic TV, allegedly intimidating him for approaching the court against the privilege notice issued by the Assembly.The top court also ordered that Goswami should not be arrested in the pursuance of the privilege notice issued by the Assembly against him."Your Lordships had wanted an affidavit, I have filed the same. Something serious has happened", began senior advocate Harish Salve."The affidavit is by his wife? He is in jail for this?", asked CJ S. A. Bobde."For something discussed in the assembly. Now he is being questioned for moving this court. The assembly has not entered appearance before Your Lordships. And they are saying that he could not have produced its show cause notice before the court", replied Mr. Salve."Over and over, he has been harassed. There is a letter from the secretary of the Maharashtra Vidhan Sabha Sachivalaya which reads that the proceedings in the House are confidential in nature, that until the speaker gives order, the notice could not be used in the court of law and that the same is prohibited under the relevant rules...it further avers that the office had sought a reply for the breach of privilege but the petitioner has not given any written response", advance Mr Salve."What is this, Dr Singhvi?", the CJ sought to know from senior advocate Abhishek Manu Singhvi appearing for the state of Maharashtra."Who has written the letter? Are they a party here?", asked the CJ."The Vidhan Sabha is a party here, but they have not entered appearance", he was told by Mr Salve."I have heard of only one such precedent before where in the 1940s, a letter from a prisoner was withheld by the superintendent of police and the Chief Justice of the Nagpur bench of the Bombay High Court, Justice Vivian Bose, issued contempt against the said superintendent, observing that a letter to the CJ could not have been withheld by him", noted the CJ."This is very serious! You can't proceed like this! Make a proper application", said the CJ to Mr. Salve."Please give me five minutes. We want a stay. ('What is happening to you?Nothing', said the CJ)... this is a matter of utmost seriousness. Your Lordships had noted that case after case has come to be filed against the petitioner. Please look at the discussion in the assembly. I had said this in the Bombay High Court and I'm saying it here now that a constitutional court needs to see the reality and not just the smokescreen", argued Mr. Salve."The allegations are of using sharp language against the CM in connection with the suicidal death of Sushant Singh Rajput. This is not privilege of the Assembly. Is there a difference between privilege of the House and privilege of the members acting as the House? It is alleged that he was mentioning the names of the CM, cabinet ministers and other officials as a single-worded salutation! This means that he was calling them by name and not addressing them as 'hon'ble'!", he continued."Allegation is of violation of the extraordinary powers of Arnab Goswami. He has no powers!", urged Mr. Salve, reading from the record of the Assembly."He doesn't have, but it is being said that he has violated the powers", clarified the CJ. "I don't know what he is supposed to be violating", commented Mr. Salve.Reading further, he pointed out that it was alleged that "dust was deliberately thrown by the TV channel in holding a discussion" so far as some Rajya Sabha MPs and national party leader Sharad Pawar are concerned, that a "mockery of democracy" was made out, and there was a mention of "credibility" in connection with the exercise of the the freedom of speech."Unrelated issues were raised and the whole thing was discussed. One member raises question of suicide of the architect. It was discussed that an architect was engaged by the studio of Republic TV and even after the complete execution of the work, he was not given Rs. 80 lakh, owing to which he committed suicide...Actually, there was some dispute regarding quality. He was in fact given 5.5 crores...the Home Minister makes a statement. 'There has been an FIR and an elaborate enquiry is to be held'. An assurance is given in the Assembly. 'Let the concerned accused person be immediately taken into custody'", advanced Mr. Salve."Dr. Nitin Raut is entitled to state that if an offence has been committed, someone should be arrested?", ventured the CJ.Mr. Salve replied that the police had investigated the matter and had come to the conclusion that nothing was clear and accordingly a summary report was filed- "It is for the system to deal with it. The home minister cannot do the investigation of a crime. It is the job of the police, independently of any political involvement. The correct thing to do would be to file a protest petition before the magistrate to reopen the case""This is a good argument. Make it before the...

"How Dare He Says? What is Article 32 For?" CJI Bobde While Issuing Contempt Notice To Maharashtra Assembly Secy. In Arnab Goswami Case

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"How Dare He Says? What is Article 32 For?" CJI Bobde While Issuing Contempt Notice To Maharashtra Assembly Secy. In Arnab Goswami Case

Mehal Jain

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