Madras HC refuses TN govt's withdrawal of appeal moved in AIADMK regime against MK Stalin

CHENNAI: The Madras High Court refused the State's decision to withdraw the appeal moved against the Court order setting aside fresh show cause notices issued to DMK president MK Stalin and other DMK legislators for having displayed Gutkha sachets into the Assembly in July 2017.

A division bench of Justice S M Subramaniam and Justice C Kumarappan heard the appeal moved by the AIADMK government.

The State submitted that the incumbent DMK government has decided to withdraw the appeal.

The bench refused the request to withdrawal and observed that withdrawal of appeal moved during the previous regime is not only against the law of natural justice but also unfair.

The bench directed the counsel to get proper instructions from the State and adjourned the matter on July 2 for further submission.

On July 19, 2017 DMK legislators including MK Stalin brought several sachets of gutkha, a banned substance, into the House to prove that it was still available in the markets.

The then Speaker P Dhanapal held that it was a breach of privilege to bring the banned substance into the Assembly and referred the matter to the Privileges Committee.

The Privileges Committee on August 28, 2017 issued a show cause notice to 21 DMK legislators.

However, the legislators moved the High Court challenging the show cause notice.

A division bench of the High Court held that there is foundational error in the show cause notice and set aside the breach of privilege motion against the DMK MLAs.

Challenging this order the legislative assembly secretary and Privileges Committee moved an appeal in the High Court.