From Our Special Correspondent
Daijiworld Media Network - Bengaluru

Bengaluru, Jul 3: The two editors – Ravi Belagere of Hai Bangalore and Anil Raj of Yelahanka Voice, who hit media headlines with the Karnataka Legislative Assembly Speaker K B Koliwad slapping one year jail sentence and a fine of Rs 10,000 each to both for alleged defamatory articles in their tabloids, appeared before the Speaker in his chamber in Vidhana Soudha and sought review of the order passed by him.

The two journalists, who were accompanied by their counsel Shankarappa, filed a formal review petition before the Speaker seeking quashing of the punishment recommended by the Legislative Assembly Privilege Committee in the House on June 21.

While Anil Raj came to the Speaker's chamber at around 3:05 pm, Belagere reached the place with the help of two persons at around 3:20 pm.

The Speaker’s chamber in Vidhana Soudha was jam-packed with television reporters, cameramen and media reporters as well as officials.

The counsel said the review petition was being filed as directed by the Karnataka High Court following a writ petition filed by him on behalf of two clients questioning the quantum of punishment given by the privilege committee.

The Additional Advocate General, appearing on behalf of the State government, had already given an undertaking to the court that the petitioners would not be arrested till they filed a review petition before the competent authority or the Speaker.

In view of this, Ravi Belagere and Anil Raj have appeared before the Speaker in person to file the review petition through their counsel.

Shankarappa contended that due procedure had not been followed while handing over punishment to his clients because of which they were requesting the Custodian of the House to review his decision.

Practices of privilege motions being adopted in the United States of America, Canada, South Africa and India had been enclosed to support their argument, the review petition said.

According to the existing rules, the counsel argued that any breach of privileges of members within the purview of the Assembly, attracts punishment by the committee concerned.

Even the chairman of the Privilege Committee had written a letter to the Speaker regarding lack of clarity on three counts-breach of privilege of any sitting member by an outsider, officer or minister. Since the act of his petitioners was outside the jurisdiction of the Assembly it cannot attract provisions of breach of privilege, the review petition said.

The counsel contended that one of the legislators, S R Vishwanath, MLA from Yalahanka Assembly Constituency, had already filed a private complaint against Anil Raj in the jurisdictional court and also sought for damages. This case was pending before the court.

In the meanwhile, the legislator also moved the privilege committee but failed to inform either the Speaker or the Privilege C0mmittee Chairman regarding the pending private complaint in court.

"This amounts of 'double jeopardy' as the legislator has 'suppressed' facts before the committee," the counsel said.

Intervening, the Speaker quoted the 'Practice and Procedure of Parliament' written by Kaul and Shakdhar and said the Speaker had powers to punish by imprisoning or reprimand of anyone guilty of breach of privilege of any member even though he was not a member or officer.

Shankarappa replied that there was no law defined in Constitution for breach of privilege by an officer of civilian outside the scope of the Assembly and even the quantum of punishment too had not been defined in law.

In his clients' case too, he said the breach of privilege was not applicable for them since the act of civil or criminal was outside the purview of the Assembly. The two journalists had not disturbed or prevented the sitting legislators from discharging their duties. Hence, it was wrong to punishment with a year imprisonment and fine, he held.

The Speaker said former Prime Minister, Ms Indira Gandhi after her expelled from Lok Sabha in 1979, was imprisoned for breach of privilege by the then Lok Sabha Speaker K S Hegde.

Shankarappa contended that it was for a different case altogether and similar punishment had been given to Ms Maneka Gandhi and P V Narasimha Rao.

In 1994, the Tamil Nadu Assembly Speaker pronounced three months imprisonment for a scribe on charges of privilege. At that time, the Madras High Court intervened and contended that the act of journalist was outside the purview of the Tamil Nadu Assembly and opined that privilege committee did not have powers to punish the journalist.

The review petition could be placed before the House when it was convened for the next course of action, the Speaker said and promised the counsel that, "I will look into it."