HC directs assembly panel not to pass orders on notice to 21 DMK MLAs

Justice M Duraiswamy gave the order after recording the submission of Advocate General Vijay Narayan that no orders would be passed on the committee's notices to the MLAs.

The judge adjourned the matter to September 14 for arguments on maintainability of petitions by the MLAs.

Stalin and 20 other DMK MLAs had moved the court after the committee issued notices to them for bringing the banned gutkha (a mix of chewable tobacco and betel nut) sachets into the House.

While referring to the letter sent by the DMK legislators seeking time to submit their reply, the AG said, "Let them first file their reply as sought for by them" and also submitted that he would advise the committee to adjourn the proceedings till the maintainability of their petitions was decided by the court.

The MLAs had sent a request seeking additional time till September 12 to file a reply to the notices.

Senior counsel Kapil Sibal, who appeared on behalf of Stalin, submitted that there was no ban on possessing and consuming gutkha. "The notification issued on March 23, 2017 bans only manufacturing, storage, transport and sale of gutkha but not possession and consumption of the same."

"Bringing gutkha to the House cannot be treated as a privilege issue. Even if there is rule it never amounts to breach of privilege," he said.

Sibal also made a reference to the gutkha scam, in which he alleged that ministers, secretaries, DGP and other top officials were involved.

"Gutkha was brought to the House to show that even after the ban, it was still available," he said.

Further, Sibal alleged though the gutkha scam came to light in 2016, no action was taken on the issue. But a privilege notice was issued to the DMK MLAs when a letter was addressed to the Governor seeking a floor test in the House.

He contended that this was malafide.

He submitted that the circumstance and the time of issuance of the notice was only to prevent DMK members from participating in a floor test that was likely to be conducted in the Assembly.

The privileges committee, headed by Deputy Speaker Pollachi V Jayaraman, had on August 28 issued notice to Stalin and 20 other DMK MLAs for having brought gutkha packets to the House in July.

On July 19, DMK MLAs led by Stalin had created a furore in the Assembly when they held up gutkha sachets, prompting Speaker P Dhanapal to refer their action to the Privileges Committee.