The Karnataka Legislative Assembly today rejected a motion seeking reconsideration of its sentence to two editors of Kannada tabloids, to one year in jail for breach of privilege over their alleged defamatory articles against state legislators.
A resolution to reconsider the punishment and a fine of Rs 10,000 each on Ravi Belagere, Editor of 'Hi Bangalore', and Anil Raju, Editor of 'Yelahanka Voice' in connection with the publication of the articles was rejected by a voice vote.
The June 21 assembly resolution punishing both the journalists, based on the recommendations of the Privileges Committee of the House, had led to protests from the media.
The Editors' Guild of India termed it a "gross misuse" of power which "violates" the fundamental right of freedom of speech.
Contending that the resolution was illegal and unconstitutional, the two journalists had sought its quashing by the High Court, which had advised finding an amicable solution to the controversy.
Subsequently, the High Court disposed the petitions after the journalists said they would appear before the Speaker and seek revision of the resolution.
Following this, the two editors had visited theSpeaker's office seeking review, and also submitted theirarguments and representations through their advocates.
Based on representations made by the two editors, the Speaker Koliwad today placed their plea forreconsideration before the House.
Initiating the discussion, BJP's S R Vishwanath, whohad complained against Anil Raju for allegedly writingdefamatory articles against him said, their plea forreconsideration has to be rejected outright.
He said "despite privilege being moved against him, he (Raju) continued to write against me. They should have been punished by now.Instead their punishment should beincreased."
MLAs cutting across party lines like S R Mahesh (JDS), AshokPattan, G S Srinivas, Vijayananad Kashappanavar and Lobo, (all Congress) and B R Patil (Others) supported Vishwanath's demand.
Pattan even said that the reconsideration petition should not have been brought to the House.
However, BJP's Suresh Kumar cautioned that the decision taken by the House should not become a "laughing stock".
"There are some opinions. Whether it comesunder the ambit of privilege, we don't know. We should actcautiously, because this may go to the court tomorrow."
Y S V Datta (JDS) also spoke in support of Suresh Kumar andreiterated the need to be cautious.
Intervening, Health Minister Ramesh Kumar said that by questioning the merits of the privilege committee decision,the Editor's, in their reconsideration plea, have questioned the wisdom of the members.
"Looking at it, it deserves to be rejected. They should have instead pleaded for mercy without going into the merits," he said.
The Speaker said the journalists and their advocates made their arguments and submitted their representations to him.
"I told them that I'm not empowered to take any decision on this matter as it is the decision of the House, which was supreme."
He also said privilege was a constitutional right and there was no fixed definition for it, so it was vast.
The Speaker then put the motion for reconsideration to vote, and it was unanimously rejected by a voice vote.
The Privileges Committee had recommended jail for Belagere for allegedly publishing articles against Koliwad.
The article against Koliwad was published in the September 2014 issue of 'Hi Bangalore.'
The then Speaker Kagodu Thimmappa had referred theissue to the committee after Koliwad, when he was an MLA, lodged a complaint against Belagere.
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