Supreme Court extends stay on Lok Sabha summons on West Bengal bureaucrats

Supreme Court extends stay on Lok Sabha Privileges Committee proceedings over BJP MP's complaint, questioning jurisdiction.

The Supreme Court on July 15 extended till July 19 its stay on proceedings before a Lok Sabha Privileges Committee, which has summoned the West Bengal Chief Secretary, the State Director General of Police and other senior officers on a complaint filed by BJP MP Sukanta Majumdar alleging “misconduct, brutality and life-threatening injuries to him”.

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud extended the interim relief after it was informed that Solicitor-General Tushar Mehta, appearing for the Union government, was travelling abroad.

The Chief Secretary, DGP and other bureaucrats were summoned on a complaint by Mr. Majumdar that he was injured in a clash between party workers and police personnel, who had stopped him from entering violence-hit Sandeshkhali.

Senior advocates Kapil Sibal and A.M. Singhvi, appearing for the officials, questioned the very jurisdiction of the Privileges Committee to summon them.

In an earlier hearing, Mr. Sibal raised the point that the BJP MP had been engaged in “political activity” not associated with his work as a parliamentarian. He had violated a prohibition order against ‘unlawful assembly’ under Section 144 of the Code of Criminal Procedure. He had climbed onto the bonnet of a police car and was pushed by fellow party workers. It was the police that had taken him to the hospital. Mr. Sibal said the State had video evidence to back its submissions.

“Privilege is only applicable when an MP is obstructed or harmed in the course of his work or official duties as a Member of Parliament. Privilege is not available when the MP is not doing anything concerned with his duties. It certainly does not extend to the political activity of the MP outside the House,” Mr. Sibal had said.

Mr. Singhvi had contended that if the “cloak of privilege extended to protect everything, then an MP cannot even be arrested for a crime”.