On Wednesday, the Madras High Court reinstated breach of privilege proceedings against Tamil Nadu Chief Minister MK Stalin and 17 other DMK MLAs for carrying and displaying packets of gutkha in the State Legislative Assembly in 2017 as part of a protest against the availability of gutkha in the open market.
A Division Bench of Justices SM Subramaniam and C Kumarappan overturned a 2021 single-judge order that had stayed these notices and subsequent proceedings.
The Division Bench referred the matter back to the Committee of Privileges and the Speaker, stating that “issues such as breach of privilege cannot be dismissed” merely because a new government has taken office in the State.
A bench of Justices SM Subramaniam and C Kumarappan overturned a 2021 single-judge order that had stayed the breach of privilege notices and related proceedings.
The Division Bench, led by Justice Subramaniam, sent the matter back to the Privileges Committee and the Speaker, stating that “issues such as breach of privilege cannot be washed away” simply because a new government had assumed office in the State.
This order was issued in response to 19 writ appeals filed in January 2021 by the then Legislative Assembly Secretary and the then chairperson of the Privileges Committee, challenging the single-judge’s decision to quash the show cause notices issued to the DMK MLAs.
Earlier this month, Senior Counsel NR Elango, representing the DMK MLAs, argued that Stalin and the MLAs displayed sachets of gutkha in the Legislative Assembly on July 19, 2017, to highlight the fact that the banned product was still easily available in petty shops across the State.
Elango also argued that, according to a TN Government Order, possession of gutkha itself was not banned, only its manufacturing, sale, and storage were prohibited.
He further claimed that the breach of privilege notices were politically motivated, as they were not issued immediately after the incident in July 2017 but only on August 28, 2017.
The Division Bench questioned whether the Court could interfere with such breach of privilege notices and proceedings. Advocate General PS Raman suggested remitting the matter to the Committee of Privileges, noting that the dissolution of the 15th Legislative Assembly in May 2021 rendered all proceedings from that tenure lapsed unless they had reached finality. Since the single-judge had quashed the show cause notices, the proceedings had not reached finality.
The Court consequently reinstated the proceedings.
TAGS: Chief Minister MK Stalin Gutkha Protest Madras High Court DMK Breach MLA
