New Delhi: Bharatiya Janata Party and government leaders have decided not to pursue any action or move a breach of privilege motion against the Trinamool Congress (TMC) MP Mahua Moitra following her remarks against the former chief justice of India, Ranjan Gogoi, in parliament on Monday.
Earlier, party leaders had declared their intention to pursue her for what they claimed were violations of parliamentary rules.
Now, government sources have told several media outlets, including NDTV and Livelaw, that the they have decided not to go ahead with any action because they believe legal opinion is in favour of Moitra, as she had spoken about a ‘former’ chief justice, but not a ‘sitting’ one – a distinction which means her remars cannot be construed as discussing a “higher authority” under parliamentary rules.
An uproar ensued Monday when the TMC MP, during her response to the motion of thanks to the president’s address in Lok Sabha, referred to sexual harassment allegations made against Gogoi in April 2019 and the subsequent ‘sham’ hearing in the Supreme Court, without taking his name.
She had observed that the judiciary was no longer a “sacred cow” from the day “when the sitting chief justice of this country was accused of sexual harassment, presided over his own trial, cleared himself and then proceeded to accept a nomination to the Upper House of Parliament within three months of his retirement replete with Z plus security.”
Her remarks had agitated members of the Treasury Benches who said a person of “higher authority” cannot be discussed without prior notice and approval of the speaker. Even as the ruling MPs objected to her speech, N.K. Premachandran, MP from Revolutionary Socialist Party, who was presiding over the house at that time, allowed Moitra to finish her speech but added that her remarks would be expunged if they were found to be objectionable.
Following this, Union parliamentary affairs minister, Prahlad Joshi, on Monday evening had said a privilege motion could be moved against Moitra for her remarks, and her remarks since have been expunged, according to NDTV.
Earlier in the day on Monday, BJP MP Nishikant Dubey had read out Rule 352(5) of General Rules of Procedure that “a member while speaking shall not reflect upon the conduct of a person in high authority, unless the discussion is based on a substantive motion drawn in proper terms”. He along with members of the ruling party demanded action against the TMC MP.
Also read: Ruckus in House After Mahua Moitra’s Remarks on Ex-CJI’s Sexual Harassment Case
However, Moitra has maintained that she would deem it a privilege if a breach of privilege motion is moved against her “for speaking the truth during India’s darkest hour”. She took to Twitter to respond to the news that breach of privilege motion would be initiated against her.
It would be a privelege indeed if a breach of privelege motion is initiated against me for speaking the truth during India’s darkest hour
— Mahua Moitra (@MahuaMoitra) February 8, 2021
Her colleague and TMC MP Saugata Roy has argued that Moitra had referred to a former chief justice, but not a sitting one, and hence her speech cannot be expunged, and her remarks cannot constitute as an attack on “higher authority”.
“That man is a retired Chief Justice. He’s not the man in high authority. His name has not been mentioned. Not one word of what Mahua said should be expunged. I appeal to your good sense and fair play of Justice that don’t let this lady be stifled by the ruling party,” Roy was quoted as saying by LiveLaw.in.
Gogoi was accused of sexual harassment in April 2019 by a junior court assistant at the Supreme Court. Brushing aside the allegations, the former chief justice at that time had said that he did not “deem it appropriate” to respond to the allegations made against him, but claimed that those were part of a “bigger plot” to “deactivate the office of CJI”. In a shocking move, the then CJI had headed a bench into the allegations himself for one hearing.
In her speech lasting 20 minutes, the TMC MP had lashed out at the Narendra Modi government on various fronts. She said the current regime had made “hate, pettiness and bigotry” as part of its narrative in a “truly fascist fashion”.
She had said the government had made a “cottage industry” out of propaganda and misinformation and “whose biggest success is recasting of cowardice as courage”.
The TMC MP had said the government chose “brutality over morality” in failing to address the concerns of the protesting farmers on Delhi’s borders, and added that it was shameful for the official machinery at the external affairs ministry to respond to social media posts by a teen climate activist and an American pop star.