CHENNAI: The Privileges Committee of the State Assembly, which has recommended suspension of Leader of Opposition, Vijayakant, for 10 days for his conduct in the State Assembly on February 1, has quoted a few precedents, including the punishment given to former Prime Minister Indira Gandhi 33 years ago.The Committee cited the motion moved on December 19, 1978, by the then Prime Minister Morarji Desai against Gandhi. “The House resolved that Smt Indira Gandhi be sent to jail till the prorogation of the House and also be expelled from the membership of the House for the serious bre-ach of privilege and contempt of the House committed by her,” it said.On the same day, a notification was issued by Lok Sabha Secretariat in an Extraordinary Gazette, dated December 19, 1978. Consequent to the adoption of the motion, Gandhi, elected from Chikmagalur constituency in Karnataka, was expelled from the membership of the Lok Sabha with effect from the afternoon of December 19, 1978. A copy of the notification was sent to Indira Gandhi at her Delhi address and also to the Election Commission.The Privileges Committee dismissed the view expressed that the issue was over on February 1 itself as the Speaker had evicted Vijayakant and his party MLAs for their conduct and that punishing Vijayakant would tantamount to double punishment. In this connection, the Committee referred to the verdict given by the Madras High Court in 1999 upholding the the punishment given to the then AIADMK member R Thamaraikkani. The verdict said, “Merely because Thamaraikkani was suspended from the Assembly, the Legislature had not been denuded of its power or authority to take action for contempt of the House, breach of privilege or for any other misconduct and it would not amount to double punishment.”The panel also cited Erskine May’s ‘Treatise on the Law, Privileges Proceedings and Usage of Parliament’ on the powers of House in awarding punishment for insulting the House.
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