HC junks PIL for MLA/MP guidelines tackling ‘derogatory speech’

Kolkata: The Calcutta High Court has dismissed a petition praying for a directive to compel the Ministry of Home Affairs to establish guidelines to address “derogatory statements” made by Members of the Legislative Assembly and Lok Sabha that allegedly infringe upon citizens’ constitutional rights.

The bench of Chief Justice T S Sivagnanam and Justice Chaitali Chatterjee (Das) was moved with a PIL by a ruling party member Sabyasachi Dutta, praying for a directive upon the Secretary, Ministry of Home Affairs to set guidelines for MLAs & MPs.

The petitioner accused Sukanta Majumdar, Minister of State, Ministry of Education, and state BJP head, of making derogatory speeches. The court noted that the petitioner is a political functionary and an MLA of a particular constituency fielded by the ruling party dispensation. The petitioner also had other credentials, having served as chairman of a municipal corporation etc.

The court observed: “The prayer sought for in the writ petition is so widely couched that this court exercising jurisdiction under Article 226 of the Constitution having defined territorial jurisdiction, cannot issue such sweeping directions.”

Further, the court observed: “In any event the petitioner if aggrieved by any statement made by the second respondent against himself or any other person whom the petitioner is of the opinion that such speeches should not have been made, it is always open to either the petitioner or the aggrieved person to invoke the common law remedy which is available”.