Patna, Nov 12: A CPI(ML)-New Democracy MLA Umadhar Prasad Singh has submitted a motion of breach of privilege against Justice R S Garg, a judge of Patna High Court, for summoning a minister in a contempt case. Medical Education Minister Shakeel Ahmad was directed to appear before the court on November 17 in connection with a case of contempt relating to constitution of screening committee for regularisation of services of the staff members of a college.
Mr Singh, who submitted the notice to Bihar Assembly secretary last Monday, said according to the constitutional provisions, the council of ministers were responsible to the state assembly and that as a member of Council of Ministers, Mr Ahmad was accountable to the assembly and was not responsible to any other constitutional authority.
The veteran legislator alleged that the ''judiciary had encroached upon the rights of the legislature'' and ''it was an act of unrestrained judicial activism''.
''The powers of contempt bestowed in courts did not include the power to interfere with the rights of the legislature as enshrined by Article 215 of the Constitution,'' he argued.
Mr Singh alleged that an ''over-ambitious'' judiciary would ultimately spell doom for not only the legislature but also for the Constitution. Bureau Report