Imphal, December 13: The order issued by the Civil Judge Senior Div 1 on MPP MLA O Joy to appear before it on December 9, the day the Winter session of the Assembly started, has run into rough water with the Assembly referring the matter to the Privilege Committee of the Assembly to study whether it infringed on the privilege of the House and amounts to contempt of the House or not.

The matter was referred to the Privilege Committee after O Joy brought the Court summon for discussion in the morning session of the House today.

The Civil Judge Senior Division I had asked the MLA to appear before it on December 9 at 10.30 am in connection with the impasse over the election of the MPP president.

Bringing the matter before the House, O Joy said that it was common knowledge to all that the Governor had convened the Winter session of the House on December 9 at 10 am.

Moreover the order issued by the Assembly Secretariat announcing the time and date of the first day of the session was also splashed in the State dailies.

As everyone knew, the learned Judge too must have known about the start of the Assembly, said the MLA.

O Joy added that he did not receive the summon order as it was issued by the Judge in the full knowledge that O Joy is an MLA and that the Assembly was to start on December 9 at 10 am.

Referring to Parliamentary practices and the Indian Constitution, O Joy said that all MLAs enjoy certain immunities to enable them to discharge their duties diligently as representatives of the people.

Under the immunities granted to all the MLAs, no MLA can be summoned to the Court or can be arrested during the session of the Assembly, said O Joy adding that summoning an MLA during session amounts to interfering in the duty of the MLA.

This is nothing but infringing on the privilege of the MLA and a contempt of the Assembly, he declared.

The MLA cited the stand off between the Legislature and the Judiciary a few years back when a High Court Judge had summoned the leader of the House during a session as well as the summon order served by a Munsiff on an MLA and added that fitting action ought to be taken up against the Judge who did not apply his judicial mind while serving the summon order.

Supporting Joy, Dr Nimaichand Luwang urged that the Judge be summoned to the Assembly for breaching the privilege of the House.

Leader of the House and Chief Minister O Ibobi suggested that the matter be referred to the Privilege Committee of the Assembly.

In another instance, the Assembly referred a report in the eveninger Kangla Pao to the Privilege Committee to study whether the report violates the sanctity of the Assembly or not.

The decision to hand over the matter to the Privilege Committee was taken after a heated debate ensued between FPM MLA L Ibomcha and O Joy on the duration of the Winter session.

Earlier during the morning session the Works Minister was urged to give a clarification on the alleged threat issued by an engineer against Karong AC MLA Henry Paotei.

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