Arnab Goswami’s plea against breach of privilege motion against him by Maharashtra Assembly: SC issues notice

The Supreme Court on Wednesday issued notice in a plea by Arnab Goswami, Editor-in-Chief of Republic Media Network, challenging the breach of privilege motion against him by Maharashtra Assembly & Legislative Council, legal news website LiveLaw.in has reported.

A bench of Chief Justice SA Bobde, Justices AS Bopanna & V. Ramasubramaniun issued notice to the Maharashtra Legislative Assembly and stated that the matter will be returnable in a week.

When the matter came up for hearing, Senior Advocate Harish Salve appeared for Goswami and informed the court that the question which arises in the instant plea is pending adjudication before a 7-judge bench of the top court [N.Ram Case] and added that in light of this, he was looking at the Solicitor General's assistance as well.

Salve submitted that the privileges of an Assembly could not be used against someone outside of the House. He added that the breach of privilege could only lie if there was any hindrance, obstruction, interference by a person and interfered with performance of duties or workings of the house.

CJI SA Bobde asked Salve if the motion had been looked over by the Privileges Committee.

Salve argued that his contention revolved around the fact that the Assembly never had the authority to exceed its privilege that far. "Goswami has not hindered the working of the house, it cannot be invoked against him," added Salve.

In this context, CJI asked Salve if Contempt of Court and Breach of Privileges operated in a similar fashion and whether criticism of a man could lead to "interference" and thereby intimidating the minister's performance and obstructing it.

The motion was moved against Goswami by Shiv Sena MLA Pratap Sarnaik, accusing Goswami of using derogatory language against Chief Minister Uddhav Thackeray and NCP president Sharad Pawar in relation to alleged inaction by the state government in the case pertaining to the death of actor Sushant Singh Rajput.

Party legislator Manisha Kayande moved a similar motion in the legislative council.

Following this, a 60-page notice was sent to Arnab Goswami, stipulating that he has breached the privileges of the Legislative Assembly of Maharashtra.

A similar motion has been moved against Actress Kangana Ranaut for her allegedly derogatory remarks against Maharashtra, comparing the State to POK (Pakistan Occupied Kashmir).