New Delhi: Supreme Court on Friday expressed its anguish at Secretary of the Maharashtra Legislative Assembly’s letter to Arnab Goswami, questioning him how did he produce the missives sent to him by the Speaker and the Privilege Committee in the apex court since they are confidential in nature.
Chief Justice of India said,” How can someone be threatened like this? How can someone be stopped from approaching a court by extending him threats like this? We don’t appreciate such conduct. We will want an amicus to assist us on this.”
Case after case being filed against Arnab: Harish Salve
Senior advocate Harish Salve representing Arnab Goswami : “He (Arnab) is in jail. He is being threatened, questioned. Case after case after case is being filed against this man. At times, constitutional courts have to see the reality and not just the smokescreen.
Supreme Court has asks Maharashtra Assembly secretary to show cause in two weeks why contempt proceedings be not initiated against him for threatening Arnab Goswami for showing Assembly notice issued to him to the apex Court.
‘No authority can stop anyone from approaching this court’
“Any authority in the country can penalise someone for approaching this court. This is in teeth of Art 32. How dare this officer write something like this in his letter?” CJI added, reproaching the Secretary of the assembly.
CJI tells seniior advocate A.M. Singhvi, who appeared for the Maharashtra Govt, to look into the conduct of the officer.
Harish Salve has requests SC to protect him from any coercive action by the Privileges Committee of the assembly.
It is interference in administration of justice
Supreme Court, in its order, said “The letter by the Secretary of the Maharashtra assembly is unprecedented and has a tendency to bring the administration of justice to disrepute. It also amounts to interference with the administration of the justice. The intention of the author (of the letter) seems to intimidate the petitioner because he approached this court and threaten him with a penalty for doing so.”
Secretary (of Maharashtra Assembly) must know that right to approach this court under Art 32 is itself a fundamental right. There is no doubt that if a citizen is deterred from exercising his right under Art 32, it will amount to serious interference with the administration of justice, said SC order.
How dare he do it: CJI
The Supreme Court maintained that although the secretary of the assembly has been served with a notice, he hasn’t entered appearance so far in the court but rather issued a letter to the petitioner. Show cause notice of contempt has been issued to the Secretary of the Maharashtra Legislative Assembly. The secretary was asked to remain personally present on the next date.
Arnab Goswami also gets protection from arrest in connection with assembly proceedings.
Senior advocate Arvind Datar has been appointed as amicus curiae. Hearing in this case would take place after 2 weeks.
SC issues contempt notice on Secretary, Maharashtra Legislative Assembly, for his letter on Oct 13 to Arnab Goswami questioning why he “breached” confidentiality of privilege proceedings by moving apex court
CJI: How dare he do this?
Protects Goswami from arrest in this case