Let court decide without hearing me: Somnath

In an observation that may trigger a new round in the ongoing tug of war between the legislature and the judiciary in the expelled MPs case,...

In an observation that may trigger a new round in the ongoing tug of war between the legislature and the judiciary in the expelled MPs case, Lok Sabha Speaker Somnath Chatterjee said on Wednesday that the Supreme Court could decide the issue 8216;8216;ex-parte8217;8217;.

8216;8216;In so many cases, if one party does not appear, courts always came to ex-parte decisions. Let the court do so in this case also,8217;8217; said Chatterjee of his refusal to either accept or reply to the apex court notices in the issue. An ex-parte decision is taken without hearing one or all of the responding parties.

Chatterjee had earlier said that he would not even receive the court notices on the ground that the judiciary had no jurisdiction over the matter of the Lok Sabha expelling its members. Talking to reporters informally on the eve of the budget session of Parliament, Chatterjee said his stand not to be made a party was a 8216;8216;collective8217;8217; decision and that there was no intention to belittle any institution of democracy including the judiciary.

In the UK, where there is no written constitution, Parliament is considered to be supreme. In India, which has a written Constitution, it is paramount to both the judiciary and the legislature. 8216;8216;The judiciary should know this, that it has to function within the parameters of the Constitution,8217;8217; said Chatterjee.

A Constitution bench of the Supreme Court is set to hear the case to decide whether Parliament8217;s resolution expelling the MPs without leading evidence and proper cross examination of witnesses was constitutional and within the parameters of the Constitution.

The expelled MPs have also prayed for an interim relief: of not announcing by-elections to the 8216;8216;vacant seats8217;8217; before the case is decided by the court; allowing them to attend Parliament by signing the attendance register but not to participate in the proceedings; and not to evict them from their official government flats till a final verdict is pronounced. The Estate Officer has issued eviction notices to them.