Speaker arrests rising HC-Assembly row

Tamaraikani, who was arrested on March 22 following an arrest warrant issued by the Speaker for assaulting Agriculture Minister Veerapandi S Arumugam in the House, came out of the prison at 5.24 pm, after a three-day legal imbroglio. In characteristic style, he said he would sue the Speaker for “defamation and mental agony” and claim Rs one crore for each day of his detention.

The curtains have come down, at least for the time being, on the last three days’ legal row that ensued from Tamaraikani being arrested, released and re-arrested. The Assembly had maintained its right to imprison the MLA on thebasis of a House resolution convicting him to 15 days’ imprisonment, but the Court felt he should be released since he was not given a hearing.

Informing the House about the Court order today, the Speaker said Tamaraikani’s release would be allowed as he, Chief Minister M Karunanidhi and every member of the House did not want a confrontation with the judiciary.

If the Assembly had intended confrontation, it would have passed a resolution asking the authorities not to release Tamaraikani on bail. “I feel it is proper to wait till March 30, when the final order in the case is expected from the Court, before deciding on the Assembly’s next course of action,” the Speaker said. He added that he had convened a meeting of leaders of various legislature parties tomorrow to discuss the issue so as not to take an independent decision.

Both the Judiciary and the Legislature had sovereignty, and as Speaker of the House, he was duty bound to protect the latter’s sovereignty, he said. The executive and legislaturehad to function with responsibility and decisions should be taken carefully, he said, adding, “Let us not take any decision in haste today”. The Speaker reminded the members that they were duty bound to protect the sovereignty of the House.

Earlier, responding to the issue raised by Leader of the Opposition S Balakrishnan on the court case, the Chief Minister said the High Court had granted conditional bail to the AIADMK MLA, preventing the execution of the Assembly resolution convicting him to 15 days’ simple imprisonment. Like the judiciary, the Assembly too had “interest, concern and enthusiasm to protect its sovereignty”, he said and asked the Speaker to take the necessary steps after giving the issue some thought.

Earlier in the day, a division bench comprising Justice T Jayarama Chouta and Justice S Thangaraj passed the interim orders while admitting the second habeas corpus writ petition from AIADMK Rajya Sabha MP O S Manian and ordered notice to the respondents — Chief Secretary, AssemblySpeaker and Secretary — returnable in two weeks.

The petitioner has made out a prima facie case, which requires further probe into the matter, the bench observed and directed that Tamaraikani be released on bail forthwith on his executing a personal bond for Rs 25,000 with a surety for the like sum to the satisfaction of the Chief Metropolitan Magistrate, Egmore.

The bench made it clear that if the petitioner failed in the habeas corpus petition, Tamaraikani would have to undergo the remaining period of imprisonment awarded by the Assembly.

The Additional Advocate General (AAG) T R Rajagopalan had earlier submitted that the House could punish a member for disorderly behaviour inside the Assembly. In this case, the Speaker had not taken any independent decision. All the 231 members of the Assembly had participated in the deliberations and only thereafter was the resolution passed. The Speaker had given effect to the resolution by communicating it to the Chennai Central Prison authorities.

Quotingvarious decisions rendered by the Supreme Court and other High Courts, the AAG said that the proceedings of the Assembly cannot be questioned in a court of law.

When the bench asked whether a person, who commits an offence punishable under Sec. 302 IPC (murder) in the House, can be hanged without providing him an opportunity, the AAG replied that the Assembly can take a decision for breach of privilege and action can be taken based on the complaint from the affected person. If a criminal case is lodged, it can be proceeded with separately. The High Court has no power to grant interim bail.

Petitioner’s counsel submitted that the Assembly cannot combine a criminal offence and a breach of privilege and pass a resolution.

Meanwhile, the Agriculture Minister, Arumugam, who sustained injury on the nose during the attack by Tamaraikani, was discharged from Government General Hospital in Chennai today, after treatment over four days.