19 Feb 2024 5:37 AM GMT
The Supreme Court on Monday (February 19) stayed the proceedings of the Lok Sabha Privilege committee against the Chief Secretary, Director General of Police and three other officials of the State of West Bengal initiated on a complaint filed by BJP MP Sukanta Majumdar over alleged mistreatment against him during the protests at Sandeshkhali region on February 13 and 14.
A bench led by Chief Justice of India DY Chandrachud passed the interim order while issuing notice on the writ petition filed by Bhagwati Prasad Gopalika IAS (Chief Secretary of WB), Sharad Kumar Dwivedi IAS (District Magistrate, North 24 Parganas District), Rajeev Kumar IPS (WB DGP), Dr. Hossain Mehedi Rehman IPS (Superintendent of Police, Basirhat, North 24 Parganas District) and Partha Ghosh (Additional SP, Basirhat, North 24 Parganas District).
The bench took it up as the first item at 10.30 AM after the petitioners sought urgent hearing. Senior Advocates Kapil Sibal and Dr Abhishek Manu Singhvi, stated that the officials have been asked to appear before the Lok Sabha Privileges Committee at 10.30 AM today.
The senior lawyers submitted that a curfew under Section 144 CrPC was imposed in the Sandeshkhali region, and violating the curfew, Dr.Majumdar and BJP supporters gathered at the region. They submitted that the complaint of Dr Majumdar of police atrocities is false as videos are showing that the party workers attacked the police officials.
The legal point raised by the petitioners is that the Parliamentary Privileges will not extend to political activities and that the Lok Sabha Secretariat has acted beyond its jurisdiction by issuing notices to the officials. They submitted that the officials like the Chief Secretary, DGP and the District Magistrate were not even present at the venue. On a complaint sent by Dr.Majumdar to the Lok Sabha Speaker on February 15, swift proceedings are initiated and summonses are issued to the officials for their appearance today, the lawyers stated.
"Privileges are available to a member only when he is obstructed while discharging his duties as a member of Parliament while he is attending the house. Privilege is not available when he is not performing any Parliamentary duties. It is not available for a political activity. You go there (Sandeshkhali), violate a 144 order and then you complain that it is a breach of privilege!" Sibal submitted.
"Privileges are meant to protect your work as a Parliamentarian. Otherwise, there will be a breach of privileges in every case, nobody can be arrested.." Singhvi added.
"Breach of privileges is because they allege that the Member of Parliament got injured?" CJI asked.
"Video shows that he jumps on the bonnet of a police car. His colleagues in the BJP pull him. He is taken to the hospital by the police," Singhvi stated. He referred to the Supreme Court's 2020 order staying the summons issued by the Lok Sabha Secretariat to a Jharkhand SP on a breach of privileges complaint. The Supreme Court's judgment in Raja Rampal case was also cited.
"In any case, privileges can't be applicable to political activities," submitted Sibal.
Senior Advocate Devasish Bharukha, appearing for the Lok Sabha Secretariat, informed the bench that the officials have not been summoned as "accused" and that the notice was meant only to ascertain facts and get evidence. The Speaker referred the complaint of Dr.Majumdar to the Privileges Committee as per the rules, the counsel informed.
"Once the Privileges Committee gets a notice, it calls people who might be relevant for the purposes of oral evidence. That is the first stage. This is the first sitting. This is a threshold stage," Bharukha submitted. Singhvi then submitted that it was an issue of inherent lack of jurisdiction.
The bench, while issuing notice returnable within 4 weeks on the writ petition, stayed the further proceedings in pursuance of the notice issued by the Lok Sabha Secretariat against the State Officials.
"There shall be a stay of further proceedings in pursuance of the Office Memoranda dated 15 February 2024....", the Court stated in the order.
Dr.Majumdar, in his complaint, alleged that there was lathi-charge against him and that the police vehicle was deliberately started when he was on its bonnet, which resulted in his fall. He further alleged that the police deliberately delayed giving proper medical treatment to him.
The petition was filed through Advocate-on-Record Astha Sharma.