Mumbai, February 19
In a landmark verdict, the Mumbai High Court has rejected a public interest litigation (PIL) that urged for a direction to restrain the Union of India, both Houses of Parliament and state legislatures from prosecuting any citizen for alleged breach of privilege of the Houses in the absence of a comprehensive codified law.
The PIL was recently dismissed by Chief Justice C.K. Thakker and S.A. Bobade who observed that for more reasons than one the petition could not be entertained.
The judges opined that the petitioner, B. Krishna Bhat, has sought to issue a writ of mandamus or other appropriate writs or order by commanding a competent legislature to legislate or to ignore the provisions of the Indian Constitution.
The judges also opined that Articles 105 and 194 of the Constitution on parliamentary privileges were clear and explicit. While Article 105 dealt with powers and privileges of Parliament and members and committees thereof, Article 194 incorporated powers and privileges of houses of legislatures and their members and committees. —
PTI