The Hon’ble supreme court bench comprising Hon’ble Justice Sanjay Kishan Kaul, Hon’ble justice Dinesh Maheshwari, Hon’ble justice Hrishikesh Roy while delivering Judgement in Ajit Mohan V legislative assembly (NCT DELHI) observed that “We find it rather difficult to countenance the plea that the judgment of this Hon’ble Court in MSM Sharma stands whittled down by subsequent judicial pronouncements or that powers, privileges, and immunities under Articles 105(3) and 194(3) of the Constitution must give way to the more fundamental right of free speech under Article 19(1)(a) of the Constitution given the reference as to issue of conflict between legislative privileges and fundamental rights are pending before the larger Bench in N. Ravi”.
It is further observed by the Hon’ble bench that “We would also not like to delve on this issue in more depth as we are conscious of the fact that the perceived conflict between MSM and Special Reference No.1 of 1964138 is pending consideration before a larger Bench in N. Ravi. It can further be added that this reference has been pending since 2005. It may be stated that this reference needs to be given some priority to settle the legal principles involved, especially in the context of the expanding conflict on such subject matters.”
Moreover, it is noted by the Hon’ble bench that “We would not like to say anything more on this subject given the reference pending in N. Ravi, and the fact that the complete plea of the petitioners is premature as nothing has happened other than them having been asked to appear before the Committee.”
Lastly, it is held that “the larger issue of privileges vis-a-vis the right of free speech, silence, and privacy in the context of Part III of the Constitution is at large given the reference to the larger Bench in N. Ravi which is yet to be decided”.