Sandeshkhali: SC stays LS privilege proceedings against WB chief secy, DGP

The committee also summoned North 24 Parganas DM Sharad Kumar Dwivedi, Basirhat SP Hossain Mehdi Rehman and Addl SP Partha Ghosh

New Delhi: The Supreme Court on Monday stayed breach of privilege proceedings initiated by the Lok Sabha privileges committee against West Bengal chief secretary and director general of police (DGP) among other officials who were accused of misconduct for the life-threatening injuries sustained by Bharatiya Janata Party (BJP) MP Sukanta Majumdar while participating in a protest over the Sandeshkhali sexual assault case last week.

The Supreme Court of India. (AFP)

A bench headed by chief justice of India (CJI) Dhananjaya Y Chandrachud passed the order on an urgent mentioning made by the WB chief secretary Bhagwati Prasad Gopalika and DGP Rajeev Kumar who were directed to appear before the committee on Monday by an order issued on February 15.

Along with them, the committee had also summoned North 24 Parganas District Magistrate Sharad Kumar Dwivedi, Basirhat SP Hossain Mehdi Rehman and Additional SP Partha Ghosh.

The bench, also comprising justices JB Pardiwala and Manoj Misra said, “There shall be stay of further proceedings in pursuance of the official memorandum (OM) dated February 15, 2024,” while issuing notice on the petition filed through advocate Astha Sharma. The Court sought response from the Lok Sabha secretariat and posted the matter after four weeks.

Senior advocate Kapil Sibal appearing for the chief secretary said that breach of privilege is not maintainable for “political activity”. He said that the chief secretary was not present at the spot and the video evidence showed that the BJP MP, who belongs to another constituency, fell after being pushed by workers of his own party.

Senior advocate Abhishek Manu Singhvi appearing for the DGP pointed out that privileges are not meant for such situations. He stated that Section 144 of Code of Criminal Procedure (CrPC) was in force and in violation of it, the MP climbed atop a car bonnet and sustained injuries after being pushed by the BJP workers. He stated that even police personnel sustained injuries. Singhvi said that in the past, the top court had stayed privilege notice as an interim measure. In this case, he added that the incident occurred on February 14, the complaint was filed by the MP a day later and the same day, notices were issued.

The Lok Sabha secretariat was represented by senior advocate Debashish Bharuka. He said, “The petitioners are not accused of anything. This is a regular procedure followed by the committee to issue notice so that facts can be known. Once a complaint by MP is received, the notice has been issued. The Court may allow the proceedings to go on.”

Sibal read through the rules and showed that only when a MP is molested or attacked or obstructed in any manner while discharging his official duty as MP is a breach of privilege maintainable. “You are violating Section 144 CrPC order. Political activity violating 144 CrPC order cannot be breach of privilege. This is clear misuse of the privilege powers.”

Majumdar, who is also the West Bengal BJP chief, said in his complaint to the committee that the officers concerned were responsible for causing brutality and life-threatening injuries to him by the police. The BJP MP was injured while protesting against the Trinamool Congress government’s apparent inability to provide justice to the victims of assault in Sandeshkhali.