On Friday, the Supreme Court issued a contempt notice to the Maharashtra Assembly Deputy Clerk for allegedly “intimidating” journalist Arnab Goswami for appearing to the higher court last month with transcripts of a debate on a privilege violation motion filed against him in connection with his television show. about the death of actor Sushant Singh Rajput.
Goswami was arrested by Mumbai police earlier this week in connection with the suicide of an interior designer in 2018. There was no immediate relief for him on Friday, as the hearing on his statement of provisional bail in the high court of Bombay was still incomplete. Judge SS Shinde’s division bench and Judge MS Karnik are likely to decide on his bail statement on Saturday.
An Oct. 13 letter from the assembly’s deputy secretary allegedly warned him not to reveal House procedures without the approval of the president, even as the editor-in-chief of Republic TV approached the supreme court against the initiation of the motion of privilege.
The Supreme Court suspended Goswami’s arrest in this particular case and said it is “unprecedented” and “grave” that a state legislature is threatening a citizen for approaching the supreme court with documents, which it received from the assembly as part. of a notice asking you to explain your position.
The three-judge bench, headed by Chief Justice of India SA Bobde, also allowed Goswami to add the Union government as a party to the case, issued a notice to Attorney General KK Venugopal, and appointed lead counsel Arvind Datar to assist the court as an amicus curiae. He published the matter for November 23 and asked the secretary of the Maharashtra Legislative Assembly to be present during the hearing.
“There is no doubt that if a citizen of India is in any case deterred from going to this court in exercise of his right under Article 32 (which allows citizens to apply to the Supreme Court to enforce fundamental rights) of the Constitution of India, would amount to a serious and direct interference in the administration of justice in the country ”, said in his order the magistrate, also composed of Judge AS Bopanna and Judge V Ramasubramanian.
The motion of privilege case in the Supreme Court concerns a news program hosted by Goswami, who accused the Maharashtra government of not going in the right direction in the Rajput death investigation and allegedly made disparaging remarks against the minister. Chief Uddhav Thackeray and the head of the Nationalist Congress Party. Sharad Pawar, per House procedures.
Following this, proceedings were started on a motion for breach of privilege filed on September 9 by Shiv Sena legislator Pratap Sarnaik. Later, Goswami filed a petition in the high court with transcripts of the debate seeking a stay of the motion.
Lead attorney Harish Salve, who appeared for Goswami, submitted an affidavit to record the letter. “This is a matter of the utmost seriousness … Sometimes the constitutional courts must see reality and not the smoke screen. I want a stay of any further proceedings on this matter, ”Salve said.
CJI Bobde called the matter “very serious” and said: “We have never seen such a letter in a privileged case. It is very difficult for us to ignore it. How dare this officer say this?
The court then provoked Vilas Athawale, deputy secretary of the Maharashtra Legislative Assembly, and asked why contempt proceedings should not be brought against him.
Lead attorney Abhishek Manu Singhvi, representing the Maharashtra government, informed the court that no action was expected against Goswami in the case of the motion of privilege.
Rajendra Bhagwat, secretary of the Maharashtra legislative assembly, declined to react on the matter, saying it is sub-judice.
Meanwhile, a division bench of the Bombay High Court will continue to hear Goswami’s bail petition on Saturday.
Alibag police picked up Goswami from his home in Lower Parel, accused of alleged complicity in the suicide of 53-year-old Anvay Naik.
Naik and his mother Kumud were found dead in their home in May 2018. A suicide note alleged that the two were forced to end their lives because Goswami and two other people failed to pay him a 5.4 million quota. rupees.
(With input from HTC Mumbai)
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