Madras HC not inclined to interfere in show cause notice issued against Stalin for bringing gutkha sachets in Assembly

CHENNAI: The Madras High Court not inclined to interfere in the show cause notices issued to DMK president M K Stalin and other DMK legislators for having displayed Gutkha sachets into the Assembly in July 2017 and left the matter with the Speaker and the House to decide.

A division bench of Justice SM Subramaniam and Justice C Kumarappan heard the appeal moved by the AIADMK government challenging the Court's order quashing the show cause notices issued by the privileges committee.

Since the DMK government assumed to the power, it decided not to proceed with the appeal.

While hearing the appeal the bench observed that "we cannot allow the writ Court's order quashing the show cause notices to be continue as it will will form wrong precedent and dangerous proposition in the future".

If every proceedings of the Assembly interfered by the Court it will question the seperation of powers and the independent nature of the Assembly, observed the bench.

Hence the bench decided to remit the issue to the Assembly and the Court reserved the final order of the appeal.

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.