Court : Delhi
..... the uk supreme court also quoted the 1999 report of the joint committee aforesaid, where the committee had considered the dividing line between matters that fall within parliamentary privilege and those which fall outside in the following words : 73 ..... (vi) citing the 76th report of the australian senate committee of privilege: the word "privilege", modern usage, connotes a special right accorded to a select group which sets that group apart from all other persons ..... no.3491/2013 page 24 of 83 privilege first report (lord nicholas) which describes parliamentary privilege as: (scc p.380) 471. ..... no.3491/2013 page 79 of 83 meaning thereby that even under the rules of procedure and conduct of business, it is the house that decides the question of parliamentary privilege, whether with or without the report of the committee of privileges; and there is no warrant for the proposition that the speaker on his own can decide a question of parliamentary privilege. ..... reported as (2014) 4 scc473 the court has yet again clarified, with evermore lucidity, the purpose of conferring privilege upon the house and its members; also observing that the fundamental rights of citizens must have primacy over any privilege or special rights of any class of people including elected legislators ; and that all claims to privilege are subject to judicial ..... anything contained in these rules, the speaker may refer any question of privilege to the committee of privileges for examination, investigation or report.228. .....
Tag this Judgment!Court : Delhi
..... , coupled with the factum that the said publication came to the knowledge of the petitioner on 29.07.2017 after the special judicial magistrate (cbi)/acjm(i) dehradun vide order dated 13.02.2015 accepted the closure report filed by the cbi in this matter, which aspect was not adverted to by the author and thus in view of the order dated 13.02.2015 of the special judicial magistrate (cbi)/acjm ..... /2018 and respondent no.2 in cm(m) 557/2018 has submitted that the publisher and the author have operated within the legitimate sphere of activity protected under article 19(l)(a) of the constitution of india and they have reported on facts and offered their view points, opinions or critiques, concerning matters that they bona fidely believe in their editorial discretion to be- in the larger interests of the general community and that the ..... 's company has received more than an estimated $46' million in discounts for land acquisitions in states controlled by the bjp, an investigative national herald, may 24, 2017 available at weblink https://www.nationalheraldindia.co m/corruption/reuters-report- exposes-quid-pro-quo-between- modi-and-ramdev-patanjali-bip- land-acquisition cm(m) 556/2018 & 557/2018 page 40 of 211 23 (weblink last visited on 29 august 2017 reuters, may 23, 2017 ..... that nothing contained in the book was false and also pleaded justification through various modes for different portions of the book such as fair comment, fair reporting, journalistic privilege, honest beliefs etc .....
Tag this Judgment!Court : Supreme Court of India
..... in krishna kumar singh v state of bihar582, while dealing with the question whether an ordinance (promulgated by the governor) which has a limited life can bring about consequences for the future (in terms of the creation of rights, privileges, liabilities and obligations) which will enure beyond its life, a seven judge bench held that: incident of 91 the silences of the constitution must be imbued with substantive content by infusing them with a meaning which ..... requirements applying the principle of "know your customer", in order to have available for competent authorities the necessary information on the identity of clients and the financial movements that they carry out; (ii) financial record keeping; (iii) mandatory reporting of suspicious activity; (iv) removal of bank secrecy impediments to efforts directed at preventing, investigating and punishing money laundering; (v) other relevant measures; (c) implementation of law enforcement measures to provide tools for, inter alia: (i) effective ..... the president after consultation with the council of state decides not to accede to the request of seanad ireann, or if the committee of privileges fails to report within the time hereinbefore specified the certificate of the chairman of d il ireann shall stand confirmed. ..... the president shall refer the question to the committee of privileges so appointed and the committee shall report its decision thereon to the president within twenty-one days after the day on which the bill was sent to seanad .....
Tag this Judgment!Court : Supreme Court of India
..... of anything said or any vote given by him in parliament or any committee thereof, and no person shall be so liable in respect of the publication by or under the authority of either house of parliament of any report, paper, votes or proceedings (3) in other respects, the powers, privileges and immunities of each house of parliament, and of the members and the committees of each house, shall be such as may from time to time be defined by parliament by law, and, until so defined shall ..... . we have noticed above that parliament has already adopted report of 59 privilege committee that for those documents which are public documents within the meaning of indian evidence act, there is no requirement of any permission of speaker of lok sabha for producing such ..... . (iv) parliament has already adopted a report of privilege committee , that for those documents which are public documents within the meaning of indian evidence act, there is no requirement of any permission of speaker of lok sabha for producing ..... of advising and guiding parliament in framing laws and the executive for framing policies, it would be a breach of privilege of parliament to judicially scrutinize and/or review these reports for any purpose whatsoever; ii the broad separation of powers, which is a part of the basic structure of the constitution of india, would prevent courts from subjecting the reports of parliamentary standing committees to scrutiny or judicial review; and iii a conjoint reading of articles 105 and 122 .....
Tag this Judgment!Court : Singapore Supreme Court
..... , or (b) if the defendant has an honest belief in the truth of what he published but: (i) his dominant motive for publishing the statement was to injure the plaintiff; or (ii) he uses the occasion (giving rise to the privilege) for an improper purpose, for example, to give vent to his personal spite towards the plaintiff or to obtain some advantage unconnected with the duty or the interest which constitutes the reason for the ..... in hady's reply submissions that he was contending that the defendants had no honest belief in the truth of the disputed words and that the defendants used the privileged occasion for an improper purpose to vent their personal spite against hady and this was unconnected with the duty pursuant to which the announcement was published. ..... meanwhile, yee also sent hady an email on 1 september 2011 to say that the sfca report was privileged as it was prepared for the purpose of seeking legal advice and/or in contemplation of legal ..... since the executive summary is a summary of the sfca report, it may be incongruous for the defendants to claim privilege of the report when the contents of the executive summary were being disclosed. ..... the point as to how the defendants could still rely on privilege for the sfca report when the contents of the executive summary were disclosed was not ..... report was privileged, then one would argue that the executive summary ought to be privileged ..... agreed that hady was not entitled to receive a copy of the sfca report because it was privileged. .....
Tag this Judgment!Court : Chennai
..... and other benefits and it was also placed before the house and was put to vote and the house has also by a majority opinion, accepted the report submitted by the privilege committee, and imposed the punishment as recommended and thereafter, the leaders belonging to the political parties, made a request for remission of the punishment and the hon ..... consideration, the role played by the appellants was fixed and after obtaining the views of the members of the privilege committee, who belong to various political parties, report was submitted to the assembly holding that they have committed breach of privilege and suspension for a period of one year with corresponding withholding of salary and other benefits was also recommended and ..... and found on facts, that though he was called upon to appear, he sent his reply only and before the privilege committee, video record of the proceedings were shown and held that the copies of the report of the committee of the privilege were made available in the library of the assembly for perusal of any member, who wanted to peruse the same, ..... position of a member of the legislative assembly and once he is suspended for a particular period, the natural corollary or consequence would be the denial of salary and other privileges and in the case on hand, the recommendation was also made by the privilege committee in its report, and it was put to vote and by majority opinion, the resolution was passed including the withholding of salary and other benefits. .....
Tag this Judgment!Court : Chennai
..... while arguing that such power has not been inherited by the indian parliament, counsel would also refer to certain recent developments in united kingdom, in particular parliamentary privilege-first report, published on 30.03.1999, in the wake of which a recommendation has been made that ".the parliament's power to imprison a person whether member or not, who are in contempt of parliament should be ..... the speaker of the assembly considering the incident as an alleged breach of privilege, referred the matter under rule 226 to the privilege committee to investigate and report not only the incident of the members involving the writ petitioners, but also, against all such persons whoever behaved ..... 24.with regard to the non-issue of notice of the alleged breach of privilege by the committee before enquiry investigation and submission of report, it is stated that the principles of natural justice are not immutable, but ..... second count, it is an admitted fact that the copies of the report of the committee of privileges was not circulated to all the members of the house. ..... according to the writ petitioners, the proceedings of the privilege committee dated 15.03.2013 and 21.03.2013 which culminated into the report of the chairman, dated 21.03.2013 are one-sided, arbitrary ..... the case of the writ petitioners that none of them was issued with a notice of the alleged breach of the privilege by the privilege committee before making an enquiry, investigation and submission of report under rule 229. .....
Tag this Judgment!Court : Mumbai
..... 3 has sought to rely upon confidential and privileged report of some consultant and advisory team of respondent no. ..... the petitioners, however, came across a newspaper report on 28th may, 2011 in the loksattanewspaper, which report suggested that the project has been granted by the corporation to r.k. ..... as a matter of fact, the observations in paragraphs 11 and 12 of the reported decision are in the context of a petition filed as a public interest litigation. ..... the advisor and the committee in their report had suggested that for the said reason and for the financial evaluation the tender of m/s. ..... we would, instead, accept the stand of the petitioners that the petitioners became aware about the said decision only through the newspaper report which appeared on 28th may 2011. ..... 1 to give contract to respondent consortium, after the newspaper report appeared on 28th may, 2011. ..... 3 has access to the confidential reports and records of respondent no. .....
Tag this Judgment!Court : Chennai
..... on the second count, it is an admitted fact that the copies of the report of the committee of privileges was not circulated to all the members of the house. ..... rule 229(d) gives a clue as to whether the committee of privileges should merely record a finding and submit a report to the house or whether the committee is entitled to make recommendations. ..... the non furnishing of the copies of the report of the committee of privileges to all the members of the house, has already been dealt with by me in an earlier paragraph. ..... the next contention of the learned senior counsel for the petitioner is that the resolution passed by the house without even furnishing copies of the report of the committee of privileges, is nothing but a mala fide exercise of power. ..... in so far as the power of the house in relation to a report of the committee of privileges is concerned, the rule to be applied is only rule 229 and not rule 121 as argued by the learned senior counsel for the petitioner. ..... therefore, it appears that the privileges committee submitted a report immediately, recommending the suspension of the petitioner for a period of ten days from the service of the house. ..... the report discloses that apart from being the person against whom a charge of breach of privilege is made, the petitioner himself was a member of the committee of privileges, by virtue of being the leader of the opposition. .....
Tag this Judgment!Court : Chennai
..... be attributed jurisdictional error;(h) the judicature is not prevented from scrutinising the validity of the action of the legislature trespassing of fundamental rights or the constitutional provisions is not correct;(i) the broad contention that the exercise of privileges by legislatures cannot be decided against the touchstone of fundamental rights or the constitutional provisions is not correct;(j) if a citizen, whether a non-member or a member of the legislature, complains that his fundamental rights under ..... while dealing with the first question, the court pointed out in paragraph 36 of the report that legislative privileges serve a distinct purpose and that they are exercised to safeguard the integrity of legislative functions against obstructions that could be caused both by the ..... while dealing with the vexed question relating to the powers and privileges of the house under article 194 vis-a-vis the fundamental rights of citizens, the majority pointed out in paragraph 40 of the report that though our legislatures have plenary powers, they function within the limits prescribed by ..... precedents that the house of commons had, at the time of commencement of our constitution, the power or privilege of prohibiting the publication of even a true and faithful report of the debates or the proceedings that take place within the house. ..... held in paragraph 34 (of the report) that it must be left to the house itself to determine whether there has in fact, been any breach of privilege or not. .....
Tag this Judgment!