Assembly urges SC to review its order

LUCKNOW: The state assembly on Tuesday passed a resolution, urging the Supreme Court to review its order to stay the assembly proceedings wherein the lower house had directed the managers and journalists of the TV Today Network to appear before the Vidhan Sabha in a breach of privilege case concerning a sting operation on the 2013 Muzaffarnagar riots.

The resolution said, “The constitution grants exclusive jurisdiction to the house to manage its work and execute its day-to-day affair. The house respects the Supreme Court but its order passed on March 4 on the writ petition (Supriya Prasad and others versus UP government) does not seem appropriate according to the spirit of the Constitution.”

A state assembly committee had probed the sting operation and held several staff members of the media group guilty of breach of privilege of senior minister Mohd Azam Khan, an MLA from Rampur assembly constituency.

The Constitution has categorically defined the work area of the judiciary and legislature there is no conflict between the two, the resolution said. It added that the house could not be restricted from its Constitutional autonomy of executing work and passing resolutions. The sovereignty of the house cannot be restricted, the resolution pointed out.

The assembly had passed a resolution on February 23, directing the managers and journalists of TV Today Network to appear before the assembly on March 4 to reply to the House Privilege Committee report on the sting operation done by the channel on the Muzaffarnagar riots.

Managing Editor of TV Today Network Supriya Prasad and eight other staffers filed a petition in the Supreme Court, challenging the UP assembly resolution. A two-judge bench of the apex court stayed the assembly resolution and directed the state government to file a counter-affidavit within four weeks.

On Tuesday, speaker Mata Prasad Pandey read out the resolution which said the legislative assembly had absolute and unlimited power regarding exercise of its power, privileges and immunities. The house has not taken a final decision on the recommendations of the privileges committee that probed the sting operation. The house, in its resolution, had directed the TV Today Network staff, who had been indicted by the privileges committee, to appear before the assembly and to clarify their stand on the sting -‘ Operation Riot for Vote’-- aired by the channel on September 17, 2013, he said.

“The stay order passed by the court is not appropriate according to law. The house requests the Supreme Court to review its order for amendment or to make it ineffective so that the working of the house is not hampered. The recommendations of the privileges committee that inquired into the sting operation were implemented for further action,” he said.

The Bharatiya Janata Party (BJP) disassociated itself from the resolution. The Samajwadi Party (SP),the Bahujan Samaj Party (BSP), the Rashtriya Lok Dal (RLD) and the Congress supported the resolution. The assembly passed it by a voice vote.