SHILLONG, NOV 25: Amidst opposition attempt to force a discussion concerning two women ministers – Deborah Marak who is alleged of a nexus with the GNLA and Ampareen Lyngdoh embroiled in education scam during her avatar as education minister- Meghalaya assembly speaker Abu Taher Mondal dismissed the censure motion citing that both the cases are pending in the court of law and hence sub-judice.
To force a discussion during the ongoing winter session of the Meghalaya assembly, the opposition phrased the censure motion as ‘unethical continuation of the ministers – Deborah Marak and Ampareen Lyngdoh in office despite charge-sheets and criminal investigations against them.’
The censure motion was moved by the opposition leader Donkupar Roy along with Paul Lyngdoh, Nihim D Shira, and KP Pangniang.
But to the disappointment of the opposition, speaker Mondal dismissed the censure motion saying as both the cases are pending before the court of law and decisions are pending, it cannot be allowed to be discussed on the floor of the house as it is sub-judice.
Mondal on Tuesday declared, “I will not admit the censure motion.”
Mondal said that he was satisfied it will not be appropriate to discuss the subject matter of the censure motion as it is sub-judice and it does not merit to be admitted.
Justifying his decision Mondal quoted the rules of the Procedure and Conduct of Business in Meghalaya Legislative Assembly and said, “As per rule 279 (1) (i) states – A member while speaking shall not refer to any matter of fact on which a judicial decision is pending.”
Mondal also said he would also like to refer to Rule 37 (9) on questions, rule 117 (d) on resolutions, rule 131 (3) (viii) on motions, which also indicates that any matter which is under adjudication by a court of law having jurisdiction in any part of India cannot be discussed in the house.
Mondal further stated that, “the practice and Procedure of Parliament” by Kaul and Shakdher, states that the censure motion should not relate to any matter which is under adjudication by a court of law having jurisdiction in any part of India.
Mondal told the house that he is also in agreement that the discussion on matters pending adjudication before courts of law should be avoided on the floor of the house, so that the courts function is uninfluenced by anything said outside the ambit of trial in dealing with such matters.
Urging Mondal to reconsider the motion, UDP legislator Paul Lyngdoh said, “Knowing fully-well, this case cannot be discussed, therefore, we have phrase the censure motion very clearly stating that motion be confine to unethical acts.” He said the opposition wants to narrow down the discussion on the unethical aspects.
Opposition leader Donkupar Roy while stating that he respects the ruling of the speaker but the house deny the fact that there has been lot of debates outside the house on the issues, and all these debates cannot be taken as gospel truth.
Roy requested the speaker to let the house informed about the fact and position of the cases as he said they do not want to discuss or influence the court. – By Our Reporter
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