MANJIT SINGH Vs. MAHARASHTRA ASSEMBLY

JUDGEMENT

(1.) The Petitioner has filed this petition under Article 226 of the Constitution of India and is seeking appropriate writ to quash the impugned order dated 11th/12th April 2006 whereby the petitioner was sentenced to undergo imprisonment of 90 days for the breach of privilege by the petitioner.

(2.) Brief facts which are relevant for the purpose of deciding this Writ Petition are as under:-

(3.) The petitioner is a citizen of India and President of Fight for Right Bar Owners Association, Mumbai. A decision was taken by the Government of Maharashtra imposing a ban on the Dance Bars in various hotels in Mumbai. A meeting was organized by the Dance Bar Girls Association and it is alleged that the petitioner was invited to attend the meeting. Large number of bar girls attended the said meeting. A news item appeared in daily "Sakal" in its issue dated 31/3/2005. In the said news-paper, a report was published under the caption of "Wives of the Ministers shall not be allowed to move on streets". The news report further reported that the petitioner had used unparliamentary words and had abused the Deputy Chief Minister and the Home Minister of State Shri R.R. Patil. One Sudhir Mungantiwar, Member of Legislative Assembly Chandrapur, submitted a breach of privilege motion under Rule 272 on 31/3/2005. The Hon ble Speaker referred the matter for further examination and inquiry and directed the Special Privilege Committee to submit its report. A show-cause notice was issued to the petitioner which was received by him alongwith a copy of the breach of privilege motion which was filed by Shri Sudhir Mungantiwar dated 25/4/2005. The petitioner submitted reply to the show-cause notice on 6/6/2005.