Uttar Pradesh assembly sends retired IAS officer, five policemen to one-day custody in 2004 breach of privilege case

They were sentenced for the breach of privilege of the then member of the House, Salil Vishnoi, in Kanpur Nagar district on September 15, 2004. Vishnoi was a BJP MLA from Kanpur at the time. He is a BJP MLC now.

The Uttar Pradesh assembly on Friday awarded a day’s imprisonment (till midnight) to a retired IAS officer and five serving police personnel in a nearly 19-year-old breach of privilege case.

A video grab of a retired IAS officer and five policemen who were sentenced by the Uttar Pradesh assembly on Friday. (PTI PHOTO)

They were sentenced for the breach of privilege of the then member of the House, Salil Vishnoi, in Kanpur Nagar district on September 15, 2004. Vishnoi was a BJP MLA from Kanpur at the time. He is a BJP MLC now.

The retired IAS officer was the circle officer of Kanpur Nagar police at the time of the incident.

“All the six accused be awarded imprisonment and be kept in the lockup of the House for a day (till change of date). Facilities like food etc. should be provided in the lockup,” speaker Satish Mahana ordered soon after the House unanimously adopted a resolution that parliamentary affairs minister Suresh Khanna moved. The main opposition Samajwadi Party was absent.

As the House was converted into a court, the marshal brought the accused to the dock (placed near the opposition benches) in the House. The accused paid their respects to the chair as they reached the dock. Those convicted included the then circle officer, Babupurva, Kanpur Nagar, Abdul Samad (who switched over from the police to the state civil service and was promoted to the IAS later), the then SHO Kidwai Nagar police station Rishikant Shukla (now promoted as Dy SP), the then sub-inspector Kotwali police station Triloki Singh (now inspector), the then constable of Kidwai Nagar police station Chhotey Singh Yadav, the then constable of Kakadev police station Vinod Mishra and the then constable of Kakadev police station Meharban Singh Yadav.

Abdul Samad began his submission with “charan sparsh” and said he was apologising for anything wrong committed knowingly or unknowingly in performing government duties. Rishikant Shukla said he would not repeat any such mistake and he respected all the members.

Though a number of cases of breach of privilege have been reported in the past, this was probably for the first time that six police personnel were punished for misbehaving with a member of the assembly.

Though agriculture minister Surya Pratap Shahi urged the speaker that the punishment be reduced to an hour or two (instead of a day’s imprisonment), there was strong opposition to the move from the BJP members who shouted “no” again and again. At this, Khanna also said there is no point in reconsideration once a decision has been taken.

The speaker, who read out his 13-page order, noted that all of the accused have apologised. He referred to Article 194 (3) of the Constitution of India (that authorises the House to decide the cases of breach of privilege) and Article 311 (providing protection to government officers against dismissal without inquiry) and Article 311 (2) (where an officer can be dismissed without inquiry following satisfaction of authority). He said the privilege committee had given sufficient opportunity of hearing to the accused before finding them guilty.

“It cannot be said that the principle of natural justice has not been followed. The privilege committee has conducted an elaborate inquiry,” said the speaker who began delivering his order reading out the Preamble to the Constitution of India.

Mahana said, “There is no contradiction between the responsibility of officers and the powers of the privilege committee and the breach of privilege of members….Under the given circumstances and keeping in view the views of all members, I am of the view that the guilty officers/personnel be awarded imprisonment.” He also referred to a Supreme Court majority verdict to make his point that both the executive and the legislature would not interfere in each other’s work.

Earlier, Khanna referred to the incident of September 15, 2004. He said Salil Vishnoi, then a BJP MLA and now BJP MLC, had organised a procession against power cuts and was going to hand over a memorandum to the district magistrate.

He said a video of the incident was made as the police personnel stopped, abused and humiliated those taking out the procession. Khanna said this led to fracture in the right leg (of Vishnoi).

“Vishnoi had given information about the breach of privilege to the house on October 25, 2004,” he said.

The then deputy speaker and chairman of the privilege committee Rajesh Agarwal had conducted an inquiry, heard the accused and submitted the committee’s recommendations to award imprisonment to Abdul Samad and reprimand other policemen. A decision to seek the opinion of the advocate general (AG) on the issue was later taken. The AG submitted the opinion on December 15, 2021. The privilege committee (2022-23) headed by speaker Satish Mahana on February 27, 2023 considered all the aspects of the issue and recommended that the accused be awarded imprisonment and those in service be terminated.