Thread by @barandbench

(Arnab Goswami’s challenge to breach of privilege notice)

@republic to submit before #SupremeCourt on affidavit how Maharashtra assembly had asked #ArnabGoswami to appear within 10 minutes of being served.

CJI has stated it can take cognizance only after any action is taken

Senior Adv Harish Salve: my client's wife has filed the affidavit and my client is in jail

CJI: in jail for this matter?

Salve: it is for something which wad discussed in assembly

Salve: I have attached the show cause notice. There is an application for directions therein. The notice cannot be used in the courts.

CJI: Mr Singhvi, what is this ? Who has written this letter.

CJI: Letter such as this letter was written in 1940s by a prisoner. The letter was withheld by the Superintendent of prison. Then contempt was issued against the official by Justice Vivian Bose

Please file a proper affidavit as the charge is very serious

Salve: It has been said that single worded salutation was used for the CM. It further says sharp words were used by Goswami.

CJI: it does not say about Goswami's powers but what power he is violating

Salve: I don't know what power he is violating

Salve now refers to the suicide of the interior designer and how Goswami has been blamed for it.

Salve: this issue was raised in the assembly and discussed.

#ArnabGoswami

When this suicide was being discussed, home minister made a statement.

CJI: Dr Nitin Raut was entitled to say in the house that if a crime is committed then it must be investigated

Salve: in a criminal case, Home Minister cannot direct a reinvestigation. Asummary report was filed and case closed. The protest petition had to be filed and then it has to be proceeded with

CJI: its a good argument which can be used in that case

CJI: we are concerned about access to this Court. You cannot threaten the people and say how dare can the assembly notice be provided to the Supreme Court.

CJI: there needs to be a committee of persons be appointed to look into this.

CJI: We are leaving out the SG as he came into the fray and not because he cannot do it.

@DrAMSinghvi : there can be an Amicus curiae appointed

Salve: My client has been warned that he will spent Diwali in jail. Please stay the assembly notice. I dont want him to get bail in suicide case and then be hauled up by the assembly.

CJI: do you have (Singhvi) anything to say?

@DrAMSinghvi : I am the state. I will exceed my brief if I speak in this matter. This is dealing with privileges. Judgments from Keshav Singh judgment lays down the domain for executive. Matter of immediate relief is being taken up by Bombay HC.

Singhvi: No precipitate action has been taken by the assembly

CJI: we have a serious question about what this letter means. We have serious question about intention of the author and we have not seen this in a court like this especially with a matter of privilege

CJI: In the teeth of Article 32 the officer says how did you file this notice in the Supreme Court. How dare he ? No one can be stopped from approaching this Court.

Salve: please stay the assembly notice

CJI to state of Maharashtra: there is nothing personal in this

Salve: this Court should take suo motu cognizance of the letter and let the officer explain why is it not contempt. A govt officer paid out of taxes has the courage to write a letter like this

ORDERS. CJI: Salve has pointed a letter sent on Oct 13 from an officer of Maharashtra assembly. The officer has written to the petitoner that though he was informed that proceedings were confidential and despite this it has been observed that the letter has been presented IN SC..

SC... " you have knowingly breached the notice of assembly and it amounts to breach of confidentiality." This is serious and amounts to contempt. Such statements are unprecedented and has a tendency to bring the administration of justice into disrepute and amounts to ...

SC: ....direct interference in the administration of justice. The intention of the officer seems to be intimidate the petitioner because he moved SC and to threaten him with a penalty for doing so. In any case, it is the officer would have been well advised that the right...

SC:... to approach this Court under Article 32 is itself a fundamental right. Article 32(1) states it. No doubt a citizen of India cannot be deterred from approaching this Court in excercise of his rights under article 32 it would amount to serious interference

SC:.... we find that through respondent has been served with the affidavit of this proceeding pending in this Court on Oct 5, they have not entered appearance. Instead they have issued a letter dated Oct 13.

SC: Respondent no 2 issued notice to showcause why he should not be punished for Contempt under Article 129 of the Constitution..Notice returnable in two weeks. Contemnor shall remain present. In the meanwhile the petitoner shall not be arrested in pursuance of present proceeding

Salve: Kindly grant me leave to amend the plea and implead Union of India. In some case when Secretary does not comply, centre has been asked for assistance.

CJI: We will say you can implead Union of India.

CJI: We also issue notice to Attorney General KK Venugopal

Matter over. To be taken up after vacations.

#ArnabGoswami
@republic

[Breaking] Supreme Court summons Maharashtra Assembly Secretary for contempt, "intimidating" Arnab Goswami

#ArnabGoswami @republic #HarishSalve @OfficeofUT @CMOMaharashtra
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