HC to issue letter of request to Speaker in Manjit Sethi matter

Mumbai, July 19 (UNI) Bombay High Court today decided to issue a 'letter of request' to the Maharashtra Legislative Assembly Speaker asking him to assist the court in resolving the dispute regarding the litigation filed by Dance Bar Owners Association president Manjit Singh Sethi.

The court had earlier directed Sethi to seek redressal from the Maharashtra Legislative Assembly which had handed him a 90-day jail sentence for alleged breach of privilege of the House.

The case came up for hearing before a full bench comprising justices V G Palshikar, Dr S Radhkrishnan and V M Kanade who also framed two questions that will be debated at the next hearing on July 25. One issue is whether the fresh petition filed by Sethi is maintainable or not and the second question is whether the quantum of sentence awarded to him is legal and proper.

Senior Counsel Mahesh Jethmalani, arguing on behalf of the petitioner today told the court that as per directions, he met the Speaker on July 17 and appraised him about the earlier order. The Speaker, however, just stated ''no comments''. The court thus decided to issue the ''letter of request''.

Earlier, the petitioner's counsel had also told the court that according to the law, when the House gets prorogued, if they do not pass a fresh resolution for the balance sentence at the beginning of the next session on the first day, the sentence is deemed waived.

The sentence cannot be deferred and the custody of the sentence is limited by the duration of the session. A prisoner is automatically entitled to be released when the House is prorogued.

The court was also told that no such resolution was passed by the House during this Monsoon session of the House.

Mr Sethi was handed over a 90-day sentence by the House for allegedly making threatening statements that spouses of ministers will not be allowed to move about freely.

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