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Lok Sabha Speaker Somnath Chatterjee [Images] ruled on Thursday that English daily The Pioneer had committed breach of privilege by publishing a "grossly libellous" article earlier this month, but did not take any action, saying it would be "beneath the dignity" of the House to take further note of "motivated imputations".
"I believe that the disapprovation by large sections of this Hon'ble House, of the contents of the impugned article, clearly indicates their opinion that the publication is grossly contumacious and a deliberate affront to this Hon'ble House, whereby gross breach of privilege has been committed," he said.
Speaker to give ruling this week
Reading out his four-page ruling on a privilege issue raised by Ramji Lal Suman of Samajwadi Party, and other members regarding the article published on August 7, he said submissions had been made by the members with considerable force and justification for reference of the matter to the committee of privileges.
"However, to my mind, in view of the condemnation on the floor of the House and as it will be beneath the dignity of this great institution to take further note of the motivated imputations in the impugned article, I do not give my consent as requested and I treat this matter as closed," he said.
The speaker warned that "in future reckless and contumacious conduct indulged in, by who-so-ever may be, will be dealt with in the appropriate manner, so as to preserve and enhance the dignity of the highest public forum in our country".
I never said speaker's above criticism: Somnath
He dismissed as "baseless," allegations of "gagging" one member as mentioned in the article. In an apparent reference to Trinamool Congress Chief Mamata Bannerjee, he noted that the newspaper article referred to the "so-called conflict" between the chair and one member who had staged a dramatic protest alleging that she was being gagged.
Describing this accusation as "clearly motivated," the Speaker said she had attended the current Monsoon session only on one day.
He said she had given a notice of adjournment motion on an issue identical to the one which had been discussed on July 26 and hence could not be allowed under rule 58 (V) to be raised again in the same session.
"She had not participated in the discussion and no other notice and I repeat, no other notice, or any intimation was ever submitted by the Hon'ble Member to Lok Sabha nor to the office of the speaker of her intention to raise any other matter or issue," he said, contending that thus, there was no occasion for disallowing any matter which she wanted to raise.
The speaker said the position in law was beyond any doubt that the article "not only reeks of malice but is highly contumacious in its conception and in its contents as it deliberately accuses the speaker of partiality and reflects on his character and actions as Speaker, which amounts to gross breach of privilege of the Speaker and also of the House".
On Bharatiya Janata Party's contention that freedom of press should not be tampered with and that the speaker was not above criticism, Chatterjee said he has not claimed any immunity from any bona fide criticism.
He emphasised that freedom of press, a cherished fundamental right in the country, was subject to "reasonable restrictions," as contemplated by the Constitution itself, and "cannot and does not comprise deliberately tendentious and motivated attacks on the great institutions of this Republic and their officers and functionaries."
In the name of exercising freedom of press, there cannot be trial by the press, in which it plays the role of both the accuser and the judge, he said.
The members had given notices of privilege against Swapan Dasgupta, the author of the article as well as the editor and printer of the newspaper on the ground that it was a calculated attempt to defame the House and the high office of the speaker.
Besides Suman, the notices were given by M P Veerendra Kumar of the Janata Dal (Secular), and Rashtriya Janata Dal members D P Yadav, Sitaram Singh, Ram Kripal Yadav, Ganesh Prasad Singh and Raghunath Jha.
I never said speaker's above criticism: Somnath
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