A division bench of Chief Justice Mohit Shah and Justice Anoop Mohta on Monday heard a plea by Shriniwas Karve, suspended vice-chairman of Scheduled Tribe Certificate Scrutiny Committee, to set aside the breach of privilege proceedings.
The motions were moved by legislative council opposition leader (BJP) Pandurang Phundkar, MLA (Cong) Yashomati Thakur and MLA (NCP) Suresh Dhas.
In 2012, the HC had appointed Khambata as amicus curiae. But, Khambata submitted that he has learnt that a breach of privilege motion has been moved against him in a Vidarbha case. "I have not yet received a notice. It is appropriate that I don't appear as amicus curiae," said Khambata.
Earlier, Karve's advocates Anil Anturkar and Shrishailya Deshmukh said as a member of the caste scrutiny committee, Karve is a quasi-judicial authority and his decision can be challenged only before a division bench of HC. They said Karve is also a judge under Judges (Protection) Act and when Phundkar demanded to know why Karve had given a decision against the former's supporter, the latter said he is answerable only to HC. He said the HC must decide whether members are entitled to privileges outside the House. "We are under the HC's protective wing under Article 227," he said.
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