Arguments in Cash-for-query scam begin in SC

New Delhi, Sep 5 (UNI) Opening the arguments for some of the petitioners in the Cash-for-query scam Senior Counsel Ram Jethmalani today told the Supreme Court that neither House of Parliament has the jurisdiction and power to terminate the membership of an elected member and expel him.

The five judge constitution bench headed by Chief Justice Y K Sabharwal, began the hearing of a writ petition filed by eleven MPs who were expelled by Lok Sabha speaker Somnath Chatterjee and Chairman of Rajya Sabha Bhairon Singh Shekhawat, after having been caught on camera accepting money for raising questions in Parliament during a sting operation by a private television news channel.

Other judges on the bench were Mr Justice K G Balakrishanan, Mr Justice C K Thakker, Mr Justice R V Raveendran and Mr Justice D K Jain.

Mr Jethmalani, appearing for some of the petitioners, also contended that any action of the legislature which seeks to overide the constitutional provisions can be subjected to judicial review.

According to the petitioner, if any illegality is involved in the action of legislature the courts have the power to scrutinise such actions.

Rights and previleges granted by the constitution can not be terminated by parliament.

Mr Chatterjee had expelled ten members of Lok Sabha on December 23, 2005, while one member of Rajya Sabha was expelled by Mr Shekhawat.

The speaker had refused to submit to the jurisdiction of the court taking the stand that the action of the speaker could not be subjected to judicial scrutiny.

The Apex Court while referring the matter to the constitution bench had restrained the Election Commission from holding by-elections to ten Lok Sabha seats which had fallen vacant after expulsion of ten MPs, without prior permission of the court.

Last week, Parliamentry Affairs Minister Priyaranjan Das Munshi had indiacted at a press conference that expulsion orders against 10 MPs may be reviewed if they withdrew their petitions pending in the Supreme Court.

Arguments will continue tomorrow.

UNI AKS/SC SI AT PC1741