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This is an archive article published on November 19, 1997

AP House ignores High Court ruling

HYDERABAD, Nov 18: A clash between the Legislature and the Judiciary appears imminent, with the Andhra Pradesh Assembly refusing to abide b...

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HYDERABAD, Nov 18: A clash between the Legislature and the Judiciary appears imminent, with the Andhra Pradesh Assembly refusing to abide by the AP High Court order, granting an interim stay on the proceedings of a House committee probing the activities of Singareni Collieries Company Limited (SCCL). Giving his ruling on the matter today, Assembly Speaker Yanamala Ramakrishnudu made it clear that the House committee need not honour the court stay.

“I rule that the committee should ignore the direction of the court and continue to function as usual without any let or hindrance,” he stated.

The Speaker’s ruling was supported by all the parties in the House and most of the members termed it “historic” and “unequivocal in defending the rights of the legislature.” At the same time they denounced the “uncalled for poking by the judiciary into the affairs of the legislature.”

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The House committee was constituted some time ago to look into the alleged irregularities committed in the public sector SCCL’s open cast mine at Godavarikhani in Karimnagar district.

Metpalli Mandal parishad president K Jyotyothakka challenged the setting up of the committee consisting of BJP floor leader Vidyasagar Rao on the ground that he himself was facing charges in the case. The High Court judge Justice Sadatullah Hussaini granted an interim stay on the probe on Nov 4.

Asserting that the decisions of the House cannot be questioned by any external agency, the Speaker directed the Assembly Special Secretary to pass on the relevant papers (including his ruling) to the Advocate General to enable him to apprise the court about the constitutional position in this regard.

Ramakrishnudu said: “As this august Assembly is aware, according to the clause (3) of Article 194 of the Constitution, this House is the sole judge to determine the lawfulness of its own proceedings and it is not responsible to any external authority for following the procedure it has formulated for itself for the transaction of its own business.”

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It was known to one and all that no writ, direction or order restraining the Speaker or interfering with the process of the House or its committees or interfering with the freedom of discussion or expression of opinion in the House and committees can be entertained, he ruled.

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