Govt planning to bring privilege notice against TMC MP Mahua Moitra for allegation raised against former CJI

The government is mulling a breach of privilege notice against Trinamool Congress (TMC) member of Parliament Mahua Moitra for making allegations against a former Chief Justice of India.

Sources in the government said remarks of TMC MP will not be taken lightly and will be acted upon.

A senior minister in the government said her remarks were against the rules.

He said that Article 121 has rules on restriction on the discussion in Parliament and provides that no discussion shall take place in Parliament with respect to the conduct of any judge of Supreme Court or of High Court in the discharge of his duties except upon the motion for presenting an address to the President praying for the removal of the judge as hereinafter provided.

Moitra, who was taking part in the motion of thanks on the President's Address on Monday, did not take any name but was apparently referring to former CJI Ranjan Gogoi, who is now a member of Rajya Sabha.

"The judiciary is no longer sacred, it stopped being scared the day a sitting Chief Justice of the country was accused of sexual harassment, presided over his own trail to clear himself and then proceeded to accept nomination to the upper house within three months of retirement with Z plus security cover," she said.

Rule 352 (5) of rules of procedure and conduct of business in Lok Sabha can also be invoked against her which states that "this can reflect upon the conduct of persons and authorities unless the discussion is based on a substantive motion drawn in proper terms".

The word persons or higher authority means persons whose conduct can only be discussed on a substantive motion drawn in proper terms under the constitution.

Sources said that the government is deliberating on actions that can be taken against the member.