Bengaluru: The two journalists, sentenced to a year in jail by state assembly allegedly for writing defamatory articles against legislators have moved the Karnataka High Court, challenging the House resolution that convicted them.
Editors Ravi Belagere and Anil Raju of Kannad tabloids Hai Bangalore and Yelahanka Voice respectively move the bench of Justice Justice Ashok B Hinchigerieh and sought quashing of their convictions and sentences, terming the resolution "illegal and unconstitutional."
The June 21 assembly resolution sentencing the two scribes has triggered protests from the media with the Editors Guild of India terming it as a "gross misuse" of power which "violates" the fundamental right of freedom of speech and expression.
The guild has also urged the assembly to withdraw its resolution "without delay."
In an unusual and drastic step, the assembly awarded the sentence, besides imposing a fine of Rs 10,000 each on the two journalists, based on the recommendations of Privileges Committee of the House.
In their petitions filed yesterday, the two journalists have contended that the sentencing was illegal and unconstitutional as Speaker K B Koliwad cannot be an adjudicator for his own complaint.
Belagere had published an article against Koliwad in September 2014 issue of Hai Bangalore.
Former Speaker Kagodu Thimmappa had referred the issue to the Privileges Committee after Koliwad, then an MLA, had lodged a complaint against Belagere.
Congress and BJP MLAs, B M Nagaraju and S R Viswanath had raised the issue in the House and recommended action against the journalists.
The sentencing violated the norms of natural justice because the speaker had not given sufficient hearing opportunity to them before levelling charges, the petitioners said.
"Proper notices also were not served to the Editors."
The petition also said that legislators do not have any power to award a jail term.
The court is likely to hear the petitions tomorrow. The state Home Department, meanwhile, submitted an Action Taken Report as a follow-up on the resolution of the House to the Assembly secretariat, which had sought the report by today evening.
The report was submitted by Additional Chief Secretary (Home) Subhash Chandra with inputs from police officials, an official said. "I have come to know that one person (Belagere) is hospitalised due to bad health and the other (Raju) will be apprehended... details are not available with me, Im in my constituency," Speaker K B Koliwad told PTI over phone.