Two BJP MPs have moved a breach of privilege notice against Trinamool Congress (TMC) MP Mahua Moitra over her remarks against a former chief justice of India in Lok Sabha on Monday. The notice has been moved by PP Chowdhary and Nishikant Dubey.
Moitra's remarks were later expunged by the Lok Sabha.
As per Article 121 of the Constitution, no Supreme Court or High Court judge who has discharged their duty or passed a judgement can be discussed in the Parliament. The Rules and Procedures 352(5) of the Parliament also dictate that the conduct of people in constitutional positions cannot be questioned. Despite the direction of the chair, Moitra continued to repeat her statements in violation of Rule 356, sources pointed out.
In her speech during the discussion on the Motion of Thanks to the President's address, Moitra had lashed out at the government, judiciary and media.
In his breach of privilege notice, former Law Minister and Pali MP Chowdhary said, "It is to be stated that the mandate of the Article 121 was the discussion in Parliament on the conduct of judges of Supreme Court and high court while discharging their duties. The above said speech is now available on YouTube Twitter handle and other social media platforms of Mahua Moitra. Therefore the statement made on the floor of the house relating to the conduct of the then Chief Justice of India while discharging his duties and uploading the same on social media platforms constitutes breach of privilege of this house by the concerned member of parliament."
Dubey in his notice said: "Despite the fact that the remarks were expunged from the record it continued to be put on social media and was published by a daily. Thus I demand action should be taken against the said member and her membership be terminated."
"The matter should be referred to the committee of privileges under rule 227 of the rules of procedure and conduct of business in Lok Sabha for examination investigation and report," he added.
Both notices have been received by the Lok Sabha secretariat and are currently under examination by the Speaker -- the authority to examine and decide any notice lies with the Speaker.
Mahua Moitra has continued to defend her stand and the expunged remarks are still on her social media accounts and Twitter timeline.
Sources also claimed an individual MP or a group may take this matter up in court.