Srinagar: Jammu and Kashmir Assembly Speaker Abdul Rahim Rather has issued a show-cause notice to PDP MLA from Pulwama Waheed Para for his social media post claiming that the Assembly secretariat had endorsed the detention of AAP MLA Mehraj Malik under the Public Safety Act (PSA).
Taking note of Para’s post on X following Malik’s arrest on Monday, the Speaker on Wednesday issued the show-cause notice to the opposition MLA as to why breach of privilege or contempt proceedings not be initiated against him.
Rather directed Para to explain his position before the Speaker in person or in writing within seven days.
The Speaker took strong note of Para making a “false” claim that the Assembly secretariat had endorsed Malik’s arrest under PSA.
“Shameful surrender. Assembly Secretariat endorsing PSA against an elected MLA is a direct assault on democracy. J&K CM @OmarAbdullah must act, don’t allow the institution of MLA, the last agency of the people, to be silenced. Today it’s Mehraj, tomorrow it could be you,” Para said in a post on X on Monday.
The Speaker on Tuesday told PTI that the PDP MLA seemed to be ignorant about the rules.
“Waheed Para Sahib in my opinion is ignorant about the rules and he has lied about the issue. He (Para) will have to face the consequences under rules as he has deliberately and intentionally misled the public. We cannot allow that to happen,” Rather said.
He said the Speaker of the Assembly has no role in such matters as he does not have the powers to approve or disapprove the arrest of any MLA.
“Such arrests are made by the district magistrate. After any MLA is arrested, the district magistrate has to inform the Assembly secretariat and it is the duty of the Assembly secretariat under rule 260 to inform the rest of the members about the arrest,” he said.
The Assembly secretariat had denied endorsing the PSA against Malik.
“It has been highlighted/reported in some media reports, social media platform X that the Jammu & Kashmir Legislative Assembly Secretariat has endorsed the slapping of provisions of the Public Safety Act 1978 on Mehraj Malik, MLA, which is factually incorrect and baseless as the secretariat has no role in it,” the secretariat said in an official communique on Monday.
However, it said, the secretariat was under an obligation in terms of Rule 260 of the Rules of Procedure and Conduct of Business in Jammu and Kashmir Assembly to inform all MLAs about Malik’s detention.
