The Supreme Court on Monday stayed the privilege proceedings by a Lok Sabha’ s privilege committee against West Bengal Chief Secretary, DGP and other senior officers on account of a complaint by a BJP lower house member Sukanata Majumdar for the injuries suffered by him in an alleged scuffle with police in the course of the Sandeshkhali protest.
A bench of ed by Chief Justice DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra stayed the proceedings by the privilege committee after senior advocates Kapil Sibal and Abhishek Manu Singhvi in a mentioning today morning told the bench that the issue in the instant case has no bearing or relationship with the privileges enjoyed by the members of parliament in discharge of their functions as a parliamentarian.
Staying the proceedings by the privilege committee, the bench issued notice to Lok Sabha secretariat (Privileges and Ethics Branch).
The Lok Sabha’s privilege committee had issued notice to the West Bengal Chief Secretary, DGP, and others asking them to appear before it on February 19.
Both Sibal and Singhvi referred to the video recording of the incident stating that it clearly shows that Sukanta Majumdar was pulled back by the BJP members themselves and police had no role in that.
Both Sibal and Singhvi sought the stay of the proceedings by the privilege committee pointing out the Chief Secretary, DGP and other officials have been called to tender oral statements before the committee today. They cited the top court ‘s constitution bench judgments to point out the protest outside the parliament premises by a parliamentarian is not shielded by the privileges enjoyed by them.
The West Bengal s Chief Secretary Bhagwati Prasad Gopalika, ‘Director General of Police and Inspector General of Police Rajeev Kumar, North 24 Parganas’s District Magistrate, Basirhat’s Superintendent of Police, and Additional SP a have approached the top court against their summoning by the p privilege committee.
Senior Advocate Sibal told the bench that a BJP MP had gone to Sandeshkhali and violated Section 144 CrPC. He also said that political activities can’t be part of privilege.
An advocate appearing for the LS Secretariat told the court that only a notice has been issued and they aren’t called as accused in the matter but just to ascertain facts.
The petition said that senior officials constrained to approach the top court in view of the extremely urgent situation arisen upon issuance of the Memorandums, directing them to appear before the Parliamentary Committee of Privileges for oral evidence on February 19, based on a mere complaint, which, prima facie, does not disclose any breach of Parliamentary privilege guaranteed to a BJP MP.
The petitioners have contended that the action is wholly without jurisdiction, illegal, unwarranted, contrary to the law, and unconstitutional.
The petitioners have said that being senior officials of the state, they will have to leave their public duties and appear before the committee of privilege, which is unwarranted and unjustified.
“It is most respectfully submitted that the privileges are available only so far as it is necessary so that the House may freely perform its function and it does not extend to the activities undertaken outside the House,” reads the petition.
The senior officials of the West Bengal urged the top court to issue directions to the respondent to produce the records pertaining to the proceedings of breach of privilege initiated on the complaint filed by the BJP MP, and after perusing the same, the top court be pleased to declare the action of the respondent LS secretariat as illegal, unlawful, unconstitutional, and wholly without jurisdiction and quash the same.
They also urged the court to issue directions prohibiting/ restraining the respondent and their subordinate officers from acting in furtherance of the Office Memorandum dated February 15.