Supreme Court Stays Lok Sabha's "Breach of Privilege" Action Against Bengal Officials Over BJP MP's Assault Claim

In response to BJP MP and state unit chief Sukanta Majumdar's complaint that he was assaulted by the state police during a protest programme on February 13 in connection with the Sandeshkhali unrest, the Supreme Court on Monday stayed the Lok Sabha secretariat's "breach of privilege" initiative against Bengal chief secretary B.P. Gopalika, DGP Rajeev Kumar, and three other officials.

The office letter that the Lok Sabha secretariat had issued on February 15 directing the officials' physical attendance on February 19 was stayed by a bench led by Chief Justice of India D.Y. Chandrachud.


In a plea filed via state standing counsel Astha Sharma, the state had hurried to the top court seeking a "urgent stay" while contesting the secretariat's "arbitrary" action and adding that officials who had operated with "utmost integrity" were being regarded as "perpetrators."

The responders, BJP leader Majumdar, the Lok Sabha secretariat (privileges and ethics branch), the committee of privileges in the Lok Sabha, the department of personnel and training, the ministry of personnel, public grievances and pensions, and the ministry of home affairs, were served with notices by the bench, which was composed of Justice J.B. Pardiwala and Manoj Misra. The matter was postponed until March 6.

Following hearings from senior attorneys Kapil Sibal and Abhishek Manu Singhvi for Bengal and Devashish Bharuka for the Lok Sabha Secretariat's privileges and ethics division, CJI Chandrachud issued her written ruling.

Sibal said that it is impossible to demonstrate that any protest that disobeys the state's prohibitive regulations constitutes a violation of one's privileges. Singhvi, who said that a lawmaker could never see such protests as privileges, backed him.

"When you are not carrying out any legislative obligations, you are not entitled to privilege. It cannot be used for political purposes. When you (Majumdar) go there and break a 144 (CrPc) order, you then claim that there has been a breach of privilege. Sibal quarreled.

Sibal said that up to 38 state police officers—eight of them were female officers—were hurt in the subsequent conflict and accused Majumdar of fabricating a case against the police.

In addition, he said that footage from many news outlets showed that Majumdar had been shoved by a BJP women worker, which caused him to tumble out of the vehicle. Majumdar was then brought to the hospital by responding police officers.

Senior attorney Bharuka, who was representing the secretariat, said that the Speaker had, in accordance with the regulations, forwarded Majumdar's complaint to the privileges committee.

He clarified that the purpose of the government authorities' summons was to gather evidence and gather facts. Bharuka made it clear that the officials weren't called in as "accused."

Following the hearing of the arguments, the bench decided to halt the memorandums.

Bengal had filed the current petition, contesting the legitimacy and legality of the memorandums dated February 15 issued by the Lok Sabha Secretariat (privileges and ethics branch), which required the five officials to appear in person on February 19 at 10.30 a.m. before the Parliamentary Committee of Privileges (COP).

Astha Sharma, Bengal's standing counsel, submitted the plea, which claimed that the involved officers had acted with the highest integrity and had adhered to all legal requirements in the course of performing their respective responsibilities. Majumdar has complained that the district administration and officials in the Bengali district of Basirhat, North 24-Parganas, "are being treated as the perpetrators, causing grave prejudice to them in discharging their day-to-day functions."

The BJP MP and workers, according to the state, disobeyed police and used violence to attempt to enter Sandeshkhali on February 13, despite prohibitory orders under Section 144 of the CrPC.

It was confirmed by the video cameras shot by many news networks that one of the BJP women workers shoved Majumdar down his car during the subsequent brawl.

In his grievance to the privileges committee, Majumdar claimed that on February 13, while participating in a sit-in protest outside the superintendent of police's office in Basirhat in the North 24-Parganas district, he was taken into custody by state police.

Additionally, he had claimed that the state police had mistreated the BJP's female employees who were there.

The following day, February 14, Majumdar was allegedly conducting Saraswati Puja close to Sandeshkhali when the police accused them of using lathis.

Majumdar, who was perched atop a car, lost control during the aforementioned incident and fell, suffering injuries and losing consciousness.

But it was claimed that the cops had failed to provide him with prompt medical attention.

Except for the headline, this story has not been edited by Press Time staff and has been published from a syndicated feed.