jurisdiction
ruchi
(Querist) 06 August 2009
This query is : Resolved
whether high court has any jurisdiction to interfere in any order or decision of speaker of legislative assembly ?? if yes under which article and section... and if there has been a similar case like this
Kiran Kumar
(Expert) 06 August 2009
if possible explain the complete facts....what order did the speaker pass?
if u r a law student or law grad. then i must say that this aspect otherwise has been dealt at various times and has been incorporated in various books on constitutional law.
ruchi
(Querist) 06 August 2009
well i m a law student in 1st semester....
the facts are tht mr. kriefel is the owner of association press and also a member of parliament.... his publication had printed indirectly the expunged proceeding of the state legislative assembly.... but wat they had printed was true and without malice and with public good at mind...
the speaker had treated tht as contempt of house and has expelled him and also charged association press of divulging details of the proceedings which were specifically deleted by the speaker...
the matter which was discussed in the assembly was regardin the party in power were giving trade benefits to the their community people and also financially supporting the terrorist of a neighbouring island...
the lower court had decided the case in mr press associations matter as there was some merit in the news articlle and evidence submitted...
now they have asked the state govt to look into the matter to find more evidence and made the state a party....
Manish Singh
(Expert) 12 August 2009
The Constitution gives the Parliament a complete immunity from any objections or interference by courts for the proceedings which take place inside parliament but the matter has been a controversial issue sinec the very begining as rightly pointed out by MR. KIran, but the Apex Court has stated time and again that this immunity has some limitations and can not be applied arbitarily to the proceedings/ happenings which occur outside the Parliament.
an incident similar to the one you have narrated, has been taken place in a recent past in karnataka or sth and there is judgment in this regard. i will try n place that judgment soon.
