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HC orders issuance of notices in Thamaraikani case

In a significant development, the Madras high court today again ordered issuance of fresh notices, returnable by April 12, to the Tamil Nadu assembly speaker and the assembly secretary in the case relating to the grant of bail to AIADMK legislator Thamaraikani after his arrest for assaulting agriculture minister Veerapandi S Arumugam in the assembly recently.

Referring to additional advocate general T R Rajagopalan's submission that notices had not been served to the speaker and the assembly secretary so far and the speaker had reportedly stated that he would not respond to any notice from the court, the bench, comprising Justice T Jayarama Choutha and Justice S Thankaraj orally, said: "Let him endorse the same in respect of the fresh notice."

When the case came up for hearing, a counter affidavit was filed on behalf of the secretary in reply to the habeas corpus petition filed by AIADMK MP, O S Manian.

In his counter, the secretary said the matters relating to the assembly proceedings should be dealt with only by the house. Article 212 of the Constitution prohibited judicial interference in the proceedings of the legislature. It was well established that Parliament and legislatures had powers to punish their errant members as well as outsiders, bringing disrepute to the dignity of the house, he added.

Thamaraikani was arrested on March 22 last after the speaker had sentenced him to seven days imprisonment for causing grievous injury to Arumugam in the assembly. The next day, the Madras high court had ordered his immediate release. But, he was re-arrested the same day following a resolution passed by the assembly. Once again, the high court granted him interim bail and ordered his immediate release the next day.

UNI

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