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Journalism of Courage
A ruling by the Bihar Assembly Speaker on Wednesday,which can lead to a face-off between the judiciary and legislature,says no constitutional or any other authority can interfere with any matter pending before the Assembly for disposal. It adds any such interference will amount to challenging sovereignty of the legislature.
Speaker Uday Narain Choudharys ruling came in context of the Patna High Court recently ordering a CBI probe in response to a PIL into alleged financial regularities involving the withdrawal of Rs 11,412.54 crore from the state exchequer between 2002 and 2008. The ruling coalitions members led by Deputy Chief Minister Sushil Kumar Modi (who also holds the Finance portfolio) brought the matter before the Assembly demanding a ruling from the Speaker to uphold sovereignty of the legislature.
They pleaded that matters of adjustment and reconciliation of the said amount had been pending before the Public Accounts Committee of the House for disposal and hence no other authority,including the judiciary,could intervene.
The ruling followed suspension of 67 Opposition MLAs,including 43 of the RJD,from the Assembly for the duration of the current monsoon session for unruly behaviour inside the House for the second consecutive day. Utter chaos prevailed inside and outside the Assembly during which a slipper was flung at the Speaker and a woman member threw several flower pots around. As many as 20 slogan-shouting MLAs had to be marshalled out.
The Legislative Council had suspended 14 members on Tuesday. On Wednesday,when Congress MLC Jyoti Kumari was stopped by marshals from entering the House,she flew into a rage and smashed over a dozen flower pots in protest. Kumari was dragged a few feet away by three women watch and ward staff.
Choudhary gave his ruling in the absence of the Opposition. He referred to Supreme Court and High Court verdicts in similar matters and said: The state government is responsible only to PAC to furnish details of adjustment and reconciliation of bills.
A division bench of the Patna High Court has fixed July 26 as next date of hearing of the case pertaining to the alleged financial irregularities and has asked a CBI representative to be present in the court.
