The Supreme Court stayed the proceedings of Lok Sabha Privilege Committee against the Chief Secretary, Director General of Police and three other officials of West Bengal initiated on a complaint lodged by BJP MP Sukanta Majumdar over alleged mistreatment against him during protests at Sandeshkhali 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 lodged by Bhagwati Prasad Gopalika IAS, Chief Secretary of West Bengal; Sharad Kumar Dwivedi IAS, District Magistrate, North 24 Parganas District; Rajeev Kumar IPS (WB DGP); Dr. Hossain Mehedi Rehman IPS, SP Basirhat, North 24 Parganas District; and Partha Ghosh, Additional SP, Basirhat, North 24 Parganas District.
Senior Advocate Kapil Sibal and Senior Advocate Abhishek Manu Singhvi appearing for the petitioners submitted that a curfew under Section 144 CrPC was imposed in the Sandeshkhali region, and violating the curfew, Sukanta Majumdar and BJP supporters gathered at the region. They further contended that the complaint of Majumdar of police atrocities is false as videos are showing that the party workers attacked the police officials. They claimed that the officials tried to save and protect Majumdar’s life in that melee.
The plea stated that the Parliamentary Privileges will not extend to political activities and that the Lok Sabha Secretariat has acted beyond its jurisdiction by issuing the notices to the officials. It mentioned that the officials like the Chief Secretary, DGP and the District Magistrate were not even present at the venue.
Representing Lok Sabha Secretariat, Senior Advocate Devasish Bharukha, informed the bench that the officials have not been summoned as accused and that the notice was meant only to ascertain facts. The Speaker referred the complaint of Sukanta Majumdar to the Privileges Committee as per the regular procedure, the counsel said.
While issuing notice returnable within 4 weeks on the writ petition, the top court bench stayed the further proceedings in pursuance of the notice issued by the Lok Sabha Secretariat against the State Officials.