There is the difference among leaders and experts over the applicability of the breach of privilege motion and the implementation of punishment as the committee for the previewed motion is yet to form.
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Mumbai: The ruling Shiv Sena in Maharashtra moved a breach of privilege motion against Republic TV’s editor and anchor Arnab Goswami in the State Legislative Assembly on Tuesday during the monsoon session. However, according to some leaders, the motion has no legal backing and will not be moved forward as the Committee for the Breach of Privilege Motion is not yet formed even though the Maha Vikas Aghadi government has completed almost 10 months in power.
Anant Kalse, former principal secretary of the state legislature said that it is the final call of the Speaker of the House whether to admit the breach of privilege motion or be rejected. When asked, the committee is not yet formed during past ten months from the MVA government headed by Chief Minister Uddhav Thackeray took charge of the office, Kalse said, “Even though there is no committee, Speaker can admit the motion and will forward to the committee when it will be formed in near future.”
The law of Privilege motion is very flexible and can be interpreted in any way, he added.
Also Read: Breach of privilege motion moves against Arnab Goswami in Maha assembly
Kalse also said that even if someone did not interrupt legislators or ministers to perform his public duty, and just used derogatory words or used abusive language against MLA or minister, it can be a breach of privilege of that leader. Such a person can face action through breach of privilege. Kalse gave an example of Pralhad Keshav Atre, founder editor of Marathi daily Maratha for using controversial words against political leaders.
Sudhir Mungantiwar, former finance and planning minister, has a different opinion. He strongly claimed that the breach of privilege motion against Arnab Goswami and Bollywood star Kangana Ranaut could not stand.
Mungantiwar explained how it could not be a breach of privilege. He said, “First of all, the committee for Privilege Motion has to be in existence. Unless and until there will not be a committee, privilege motion cannot be moved. Second thing, once the term of the committee is over, the decision taken by that committee remains meaningless. The next consecutive committee cannot implement the decisions taken by the previous committee.”
Mungantiwar further said, “Privilege means special protection to the MLAs, MLCs, ministers and CM given by the state legislature breaches only when someone threatens them not to raise any question in the House against him/her or he/she prevents a public representative from performing his duty.”
“If someone uses unparliamentary or abusive words, it cannot be a breach of privilege,” said senior BJP leader and using rebranded of today’s Arnab Goswami episode, Mungantiwar said that just using abusive language against CM Uddhav Thackeray and NCP president Sharad Pawar does not come under breach of privilege.
“Arnab and Kangana have not prevented these leaders from performing their legislative works. They use abusive language which does not come under breach of privilege. Otherwise, thousands of common men use abusive language against PM Narendra Modi on social media. If that would be considered as a breach of privilege, the government will need to build hundreds of prisons to put such people behind the bar,” said Mungantiwar.
