Ex-MLA Subhaschandra's conduct Contempt of Assembly: O Joy
Source: The Sangai Express

Imphal, July 11 2020: Veteran politician Okram Joy today slammed former MLA Soibam Subhaschandra's act as "a breach of privilege and contempt of the House".

Speaking to media persons at his residence at Kakwa in Imphal West O Joy said former MLA S Subhaschandra of Naoriya Pakhanglakpa Assembly Constituency reported to the Officer-in-charge of Patsoi Police Station that the signature on his resignation paper submitted on June 17 was taken without his consent forcibly by Congress MLAs K Meghachandra and Th Lokeshwor while also claiming that BJP Minister Biswajit was involved.

"This act of the former MLA is breach of privilege of the MLAs and also a contempt of the Manipur Legislative Assembly," he said.

However the assault charges levelled against the house owner of the SPF camp Huidrom Vikramjit is another matter and not related and is also not a concern of the House in any way, he said.

Terming Subhaschandra's act as immature, O Joy said it is adding fuel to the present political crisis in the State.

"When I first heard the news about Subhaschandra and two other BJP MLAs resigning from both party and from the Legislative Assembly, I thought it was quite heroic.

"I felt they resigned because they felt that the political direction and vision is not what they wanted".

But after hearing Subhaschandra's claim about signatures taken without consent and under duress that "hero turned to zero", he said.

He further said that power, privileges and immunities of the Parliament and Assembly Members are clearly defined in Article 105 of the Constitution.

A book on practice and procedure of Parliament published by Lok Sabha Secretariat also clearly defines breach of privilege and contempt of the House, he said.

It is mentioned in the book that "It is breach of privilege and contempt of the House to make speeches or to print or publish any libels, reflecting on the character or proceedings of the House or its Committees, or any member of the House for or relating to his/her character or conduct as a member of Parliament" .

The Officer-in-charge who filed an FIR based on the former MLA's complaint against the privilege of the MLAs and the House also cannot go scot free.

The OC will also be considered as party to the breach of privilege and contempt of House, added O Joy.

According to a Supreme Court direction, if a case is taken up, then the person who is being accused, should be explained about the offences the person has committed.

"In this case also it is a question whether the persons who are being accused of the offences have been informed about their offences.

Have the DGP and the Chief Secretary taken any legal action? "They should not run whatever direction those influential people in the Government points," O Joy continued.

A privilege motion can be brought up at the House in three ways.

Firstly based on the report submitted by the Assembly Secretary, secondly by a Member and third by the Committee.

If the House finds a member guilty of an offence there is authority to deliver punishment.

In this case of S Subhaschandra also, the matter can be brought to the attention of the House and whatever punishment suits the offender, can be decided by the House, he added.

Comment