HC refuses to interfere in an issue involving UP Guv & Khan

The Allahabad High Court's Lucknow bench today refused to interfere in an issue related to a matter involving Uttar Pradesh Governor Ram Naik and Cabinet Minister Azam Khan and sent a writ petition on it to records.
A division bench of Justices Amreshwar Pratap Sahi and Attau Rahman Masoodi delivered the judgement on a writ petition filed by a local lawyer Ashok Pandey.
"The issue not being justiciable on the facts of the present case, we are not inclined to interfere and the writ petition is consigned to records", the court said.
Consequently, the petition deserves to be consigned to records with the hope and expectation that the constitutional authorities- the Governor, the Speaker of the Assembly, the Chief Minister and the Minister concerned would resolve the issue at the earliest.

The petitioner had sought removal of Azam from the council of ministers on the grounds that the Governor has expressed displeasure over the alleged conduct of Khan.
The petition was opposed by the state government which submitted that the proceedings inside the Assembly were privileged proceedings and any statement made inside the House cannot be subject matter of judicial scrutiny.

"More so the admitted position was that the Speaker himself had exercised his authority to expunge any such objectionable remarks that were not desirable to be maintained on the records of the House", it added.
Advocate General, Vijay Bahadur Singh, contended that once the remarks were off the record, nothing remains as urged earlier, would not give any cause so as to seek, a judicial review through a writ petition.

Governor Ram Naik had objected to remarks made by Khan against him in the Assembly on March 8 and has also written to the CM for his removal.
"The terminology used by Khan in Assembly is condemnable. I have written to the CM for his removal from his ministry and informed Parliament," Naik had recently said.