Speaker alleges breach of protocol by DyCM

NC and Congress MLAs protesting in Well of the House after Speaker alleged breach of his own privileges. —Excelsior/Rakesh
NC and Congress MLAs protesting in Well of the House after Speaker alleged breach of his own privileges. —Excelsior/Rakesh

Nishikant Khajuria
JAMMU, Jan 17:  In yet another major embarrassment to the Government in State Assembly, Speaker Kavinder Gupta today alleged breach of his protocol and privileges by the  Deputy Chief Minister’s escort following which opposition  National Conference and Congress Members  staged a walkout  in support of the Speaker and for their own rights as Legislator.
“Deputy Chief Minister’s escort variously crosses into my  fleet of vehicles.  I have  also brought this matter into the notice of    SSP but there has been no response,” he said while complaining about breach of the Speaker’s  protocol.
“Hamara Mazak Ban Kar Rah Gaya Hai ( we have become an object of joke),” apparently peeved Kavinder Gupta added as the House Members raised  vociferous concern over the breach of  privileges of the Speaker as well as of their own.
While looking towards the Treasury Benches and particularly the Minister for Parliamentary Affairs  A R Veeri, the Speaker sought to know about his privileges, which were allegedly being breached. ” What are my privileges and protocol?” he asked.
The Speaker’s remarks resulted into commotion in the Assembly as  the Opposition National Conference and Congress Members stood up from their seats and came into well of the   House protesting against breach of the privileges.
Amidst raising of slogans like `Speaker Saab `Tum Aage Baro Hum Tumhare Saath Hain’ (Speaker you take the lead, we are with you),  the opposition Members sought to grill the Government over its failure to protect the rights of Legislators as well as the House.
” Speaker is custodian of the House. If his privileges and protocol are breached by this Government, how can we expect protecting rights of MLAs?” said NC MLA Javed Rana while protesting along with other Members in Well of the House.
Amid sloganeering against the Government and in support of the Speaker, the opposition Members then staged a brief walkout from the House.
The commotion took place when the several MLAs,  including both from the PDP and BJP, were speaking on the discussion of grants and  raised the issue of breach of their privileges and protocol by Government officials besides seeking   intervention of the Government.
Independent MLA Pawan Gupta, while narrating that despite being local MLA he was not allowed to share the dais with Prime Minister Narendra Modi during inauguration of Chenani-Nashri Tunnel. He also pointed out that he saw the name of Speaker Kavinder Gupta inscribed on an inauguration plaque near Bahu Fort  below the name of Deputy Chief Minister, even as this post has no Constitutional validity. “Speaker Sir, you are custodian of  this House, inscribing of  your name below the Deputy Chief  Minister’s name  is breach of  your privileges,” Pawan Gupta said.
On this, Speaker Kavinder Gupta intervened and also complained about breach of his privileges by Deputy Chief Minister’s escort, which used to cross into his cavalcade of vehicles. The Speaker added that he has also written to the SSP Jammu as how can the vehicles of Deputy Chief Minister Nirmal Singh break his protocol and sought a report in this regard. “I have not received the response till date,” he said while looking towards Parliamentary Affairs Minister A R Veeri.
“The Speaker is the custodian of the MLAs’ rights and if he himself  is disappointed for breach of his own protocol, then God save this Assembly and the State,” said Nawang Rigzin Jora while staging a walkout along with NC and Congress Members.
As soon as  the entire opposition staged walkout, Parliamentary Affairs Minister A R Veeri   assured the House that the matter would be looked into. ” We are equally concerned about this breach of protocol. The Government will look into it. Please ask the Opposition Members to return to the House and take part in the proceedings,” Veeri  urged the Chair.
Immediately after this episode, the Government had to face another embarrassment when ruling BJP MLA Rajesh Gupta complained that despite being MLA, he was   communicated by PA of a Minister for participation in the events in his constituency.  He also handed over the official letter in this regard  to the Deputy Speaker, who was in the Chair.
” Institution of MLAs is being eroded but there is no discrimination because ruling party Legislators are also victim of this,” Rajesh Gupta said
The Deputy Speaker  loudly narrated contents of the letter and observed that Minister should not have done this as this was humiliation of the MLA.
Earlier, CPI(M) legislator M Y Tarigami raised the issue of non-cooperation  of ministers and various Government officials to the communications  for redressal of issues. “I am heading the house panel on environment but officials are not taking our queries seriously. They are not responding to our communications,” he said.
He alleged that the Ministers feel it below their dignity to communicate directly with the members and instead personal assistants are being  tasked for the same. He demanded for setting up Parliamentary Affairs Department with   adequate staff.
Ali Mohammad Sagar called for upholding the dignity and decorum of the prestigious institution and suggested for giving adequate time to the members to raise public interest issues through debates, Cut Motions, Resolutions etc in the House.
Hakeem Mohammad Yasin, also  urged the Government to follow the protocol of the legislators during the tour of Ministers in their constituencies.
Bashir Ahmad Dar, while taking part in the discussion, called for strengthening the institution of MLA and urged that their status should not be undermined. He suggested for conducting   Assembly Business for ten days in every month.
Javid Hassan Beigh stressed on maintaining the status of MLA adding that they are representatives of the people and represent the state in the House. According to him the credibility of the institution is declining day by day which needs to be addressed.
He asked the Government to protect and define the role and powers of MLA. He also suggested for constitution of House Committee in this regard.
Pawan Kumar Gupta said that the privilege and protocol of MLA is being compromised when it comes to plan formulation. He also complained that most of the departments do not invite the concerned MLA during the visit of Ministers to his   Constituency. “This is a serious issue and   the government should take appropriate view in this regard” he demanded.
When the Minister for Parliamentary Affairs  replied the debate on grants Ali Mohammed Sagar stood up and asked the Minister that when the Government was  going to empower the MLAs.
He said “MLAs are an institution and we have no grievances with Ministers but departments and sanctity of the institution will not be allowed to be eroded”. He said, “when you don’t empower the MLAs how will you empower the people whom the MLAs represent.”
PDP MLA Abdul Majid Padder also wanted to know that what was the status of MLAs? He urged the Government to clarify it on the floor of the House.
PDP’s MLA Mohammed Ashraf Mir wanted to know that how departments work without the knowledge of MLAs. He was supported by Mohammed Amin of Congress.
However the Minister said that so far as institute of MLAs is concerned he will not allow to get it eroded.
Joining the issue, Javed Beig of PDP said that dissent should not be considered voice of disloyalty and a Committee be framed on ground level as the MLA is the identity of the institution. He said that the role of MLA will get decreased after decentralization takes place and the Committee can define the role of the MLA.
Supporting him Minister of Horticulture, Basharat Bukhari said that member’s suggestion has substance.
However Minister Veeri again stood up and said that the Institute you talk has not come into being as yet. Interrupting him Ali Mohammed Sagar said that it appears that you have no mandate for empowerment of the members. The Minster replied that the House is already empowered.
PDP’s Yawar Mir also strongly supported the demand for empowerment of MLAs.
He also demanded that in Civil Secretariat separate hall be established for sitting of MLAs when they come to meet ministers or officers of different departments in connection with the public demands and issues as their representatives otherwise they face humiliation.
RS Pathania who also supported the issue said that the democracy is for the people by the people and of the people as said by one of the members just now “but it seems here it is for the Ministers and of the Ministers”. The Government is answerable to House and House is answerable to people, he added.
He said the members have to come up to expectations of the people as common masses expectations are with their representatives, so their rights be protected.
The MLAs also demanded that they be given one PA and one PRO so that they can tackle the work load.
Abdul Rahim Rather of PDP said in Karnataka they saw that House Committees have separate rooms and here in J&K they have not even a common room to sit. He said the Government should provide facilities to MLAs. The Government is because of the Legislators and if it can’t restore them their rights this means we are strangulating the democracy, he added.

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