Madras HC Orders Continuation of Breach of Privilege Proceedings Against MK Stalin

Madras HC Orders Continuation of Breach of Privilege Proceedings Against MK Stalin

The Madras High Court has directed that the 2017 breach of privilege proceedings against Tamil Nadu Chief Minister MK Stalin and 17 others be referred back to the current Assembly, affirming that such proceedings can persist even after the dissolution of the previous House.

The case involves the display of banned 'gutka' (chewing tobacco) sachets in the Assembly to highlight their widespread availability during the AIADMK regime.

In 2020, a single judge had annulled the show-cause notices issued to the accused, leading to an appeal by the Assembly Secretary and the then Chairman of the Privileges Committee the following year.

With the DMK coming into power in 2021 and Stalin becoming Chief Minister, the DMK argued that proceedings initiated by the prior Assembly should not continue. However, the High Court ruled that incomplete proceedings should not be considered lapsed, as it would undermine the seriousness of parliamentary privileges.

The court also criticized the single judge's decision to cancel the show-cause notices. The AIADMK, now in opposition, views the court's ruling as a significant victory and a potential opportunity for Chief Minister Stalin to appear before the privileges committee, where their leader EPS serves as the Leader of the Opposition.

DMK Spokesperson A Saravanan said "The general practice is that all business linked to a particular Assembly gets extinguished at the end of the term. The court has now differed and we will examine how legally sound that is.''

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