SC issues show cause notice to Maharashtra Assembly official, protects Arnab Goswami from arrest
New Delhi: The Supreme Court Friday issued a show-cause notice to an assistant secretary of Maharashtra legislative assembly asking him to explain why contempt proceedings are not initiated against him for his letter to journalist Arnab Goswami which seems to "intimidate" him from approaching the apex court on the issue of an alleged breach of privilege motion.
The apex court also directed that Goswami shall not be arrested in pursuance of the proceedings pending in Maharashtra assembly for alleged breach of privilege motion.
The top court, which termed the statements of the official in an October 13 letter sent to Goswami as unprecedented, said it tends to interfere in the course of administration of justice and is definitely a "serious matter" and "amounts to contempt".
It said the letter seems to have been written to threaten Republic TV editor-in-chief with a penalty for seeking a legal remedy which he exercised as a fundamental right under Article 32 of the Constitution.
We don't see that any authority in the country can penalize anybody for coming to this court. What is Article 32 meant for? How can this officer say so? I have never seen a letter like this, said Chief Justice S A Bobde, who was heading the bench also comprising Justices A S Bopanna and V Ramasubramanian.
The issue was brought to the court's notice by senior advocate Harish Salve, who was appearing for Goswami and referred to the October 13 letter sent by the office of Secretary, Maharashtra Legislative Assembly Secretariat to the journalist.
The bench noted that the letter has been signed by Vilas Athawale, Assistant Secretary of Maharashtra Vidhan Mandal Sachivalaya.
You were informed that the proceedings of the House are confidential.........despite this, it has been observed that you have presented the proceedings of the House before the Supreme Court on October 8, 2020. No prior permission was taken from the Speaker of the Maharashtra Assembly before presenting such proceedings in court. You have knowingly breached the orders of the Speaker of Maharashtra Assembly and your actions amount to a breach of confidentiality. This is definitely a serious matter and amounts to contempt...., said the letter, a portion of which was quoted in the court order.
The bench, which took umbrage to the letter, observed that no one can threaten any person in this manner for approaching the court and We find it very difficult to overlook this.
The above statements made by Vilas Athawale, Assistant Secretary, Maharashtra Vidhan Mandal Sachivalaya, are unprecedented and tend to interfere in the course of administration of justice. The intention of the author of the said letter viz, Vilas Athawale, Assistant Secretary, Maharashtra Vidhan Mandal Sachivalaya, seems to be to intimidate the petitioner (Goswami) because the petitioner approached this Court and to threaten him with a penalty for seeking legal remedy, the bench said.
During the hearing, it transpired that the apex court has issued notice to the office of the Secretary of Maharashtra Legislative Assembly Secretariat, which happens to be one of the respondents in the matter.
Later, when the order was uploaded on the apex court website, it became clear that show-cause notice has been issued to the assistant secretary who had signed the October 13 letter.
The bench noted that the office of the Secretary of Maharashtra Legislative Assembly Secretariat would have been well advised to understand that right to approach the apex court under Article 32 of the Constitution is itself a fundamental right.
There is no doubt that if a citizen of India is deterred in any case from approaching this court in the exercise of his right under Article 32 of the Constitution of India, it would amount to serious and direct interference in the administration of justice in the country, the bench said.
The apex court noted that during the hearing, it asked senior advocate A M Singhvi, appearing for Maharashtra, to respond to the letter but he expressed his inability to explain or justify the contents of the letter since it is written by the office of the Secretary of Assembly secretariat.
We, therefore, issue notice returnable on November 23, 2020, to Vilas Athawale, Assistant Secretary, Maharashtra Vidhan Mandal Sachivalaya, to show cause why he should not be proceeded against for contempt of this Court in the exercise of our powers under Article 129 of the Constitution of India, the bench said.
In the meantime, the petitioner (Goswami) shall not be arrested in pursuance of the present proceedings impugned in the instant writ petition, it said and appointed senior advocate Arvind Datar as amicus curiae to assist it.
It allowed Goswami to implead the Centre as a party and issued notice to Attorney General KK Venugopal.
In the hearing conducted through video-conferencing, Salve referred to the letter and said Goswami has been threatened for approaching the apex court in the matter.
This is a matter of utmost seriousness. Case after case is being filed against this man (Goswami), Salve said, adding that the journalist should be protected by the court in this matter.
The court was hearing his plea against show-cause notice by Legislative Assembly for initiation of breach of privilege motion against him for reportage related to the case of actor Sushant Singh Rajput's death.
He made certain remarks against Chief Minister Uddhav Thackrey in his news debates on Rajput's case.
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India should create strategic buffers to navigate 'most difficult' energy shock: CEA Nageswaran
New Delhi (PTI): Chief Economic Advisor V Anantha Nageswaran on Saturday said India needs to create strategic buffers in the face of the "most difficult" energy shock that the country is facing amid the West Asia crisis.
Nageswaran also said the rising prices of fertiliser and petroleum products globally due to the crisis will make it challenging to achieve the 4.3 per cent fiscal deficit target for the current fiscal, while below normal monsoon and pass-through of higher energy prices could lead to "potential inflation spike".
He also said India has employment challenge emanating from AI, and there is a need to ensure that IT sector becomes more competitive and not lose jobs to AI, and instead create jobs that use AI within the IT sector or in other services.
Speaking at the ICPP Growth Conference organised by the Ashoka University, Nageswaran said the current account deficit (CAD) in the current fiscal could rise to over 2 per cent of GDP, from less than 1 per cent in FY'26.
"The ... priority for us is to create strategic buffers. This energy shock is the most difficult one compared to any other previous energy shock in terms of energy lost as a percentage of total global energy supply, not just oil, including gas.
"And we also need to use this occasion to think about other areas where we are vulnerable in terms of import dependence, nickel, tin, and copper. We need to build strategic buffers if we have to make a shot at manufacturing and becoming indispensable," Nageswaran said.
Since the beginning of the war in West Asia on February 28, crude oil prices soared to a four-year high of USD 126 per barrel on Thursday, from about USD 73 level before the war.
Stating that geopolitics will compel policymakers to be nimble and flexible and shed old model of thinking, Nageswaran said India is better prepared than many other countries to deal with the crisis because of the fiscal leeway that the country has due to lowering of fiscal deficit ratio to 4.4 per cent of GDP in FY'26.
Nageswaran said the West Asia conflict is more of a price shock than supply shock for India as the government is managing the supply side deftly.
"This particular conflict, which is going to be on a low simmer or a high flame situation, whatever it is, it is going to be there with us in some form or the other because the military conflict may be over, but the strategic conflict is well and truly alive. It will be so for some time," Nageswaran said.
He said the conflict has four channels of shock: price and supply shock, trade impact, sticky logistics costs and remittance shock.
India imports 60 per cent of its LPG usage and of that, 90 per cent flows through the now closed Strait of Hormuz.
Nageswaran said the pass-through of high global energy prices would have to be a "balancing act". He said some pass-through is already happening in commercial LPG, and the levy of export duty on diesel and ATF.
The government has cut excise duty on petrol and diesel to shield customers from the impact of the rise in petroleum prices. "We are coming around to arriving at a certain modus vivendi with respect to burden-sharing between the fiscal policy side, inflation, households and the oil marketing companies. So it has to be a balancing act," Nageswaran said.
