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{
    "id": 128019,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/128019/?format=api",
    "text_counter": 403,
    "type": "other",
    "speaker_name": "",
    "speaker_title": "",
    "speaker": null,
    "content": "or which, by the operation of any written law, is secret.” “(2) A matter shall be considered to be sub judice when it refers to an active criminal or civil proceedings - and I consider these to be civil proceedings - and the discussion of such matter is likely to prejudice its fair determination.” So the issue is that we must be persuaded that if we discuss this matter and the Report of the Committee, we are likely to prejudice a fair determination of this matter which is in the High Court. I think that is a question which has not been ventilated properly by the hon. Member who is urging you to find so. This matter also has to be active. Standing Order 80 (3) (c) defines what is “active”. This Standing Order states: “Civil proceedings shall be deemed to be active when arrangements for hearing, such as setting down a case for trial, have been made, until the proceedings are ended by judgment or discontinuance.” To that extent, the Minister has persuaded us that last evening or today because I have not seen the proceedings, a date was given for the hearing of this matter. Mr. Speaker, Sir, even if we find that the matter has been set down for hearing, the cardinal principle that will persuade you is: If we debate this matter, is it likely to prejudice its fair determination? Even if the four corners of the sub judice rule were to be satisfied, we gave you a window, because we knew that this rule had disturbed this country. Since this is a matter of public interest, it is up to the Speaker to determine. That is why we start by saying “Subject to sub-paragraph (5)” Notwithstanding this Standing Order, the Speaker may allow reference to any matter. You may allow debate on any matter before the House, or before a Committee. Therefore, I invite you because of the enormous public interest in this matter--- In fact, we are now almost suspicious that the filing of this case, and the setting of debate, was done to prejudice this House and, maybe, to gag or stop this House from determining the serious national issue that we are dealing with."
}