New Delhi, February 19: The Supreme Court on Monday issued notice to concerned respondents and also stayed the Parliament Ethics Committee proceedings against West Bengal senior officials in the matter relating to the Sandeshkhali protest. A bench led by Chief Justice of India DY Chandrachud stayed the Parliament Ethics Committee proceedings against West Bengal senior officials in the matter relating to the Sandeshkhali protest.
Senior Advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for WB's senior officials, mentioned the plea before a bench led by Chief Justice of India DY Chandrachud and apprised them of the facts related to the matter. The plea was filed by WB's Chief Secretary Bhagwati Prasad Gopalika, Director General and Inspector General of Police Rajeev Kumar, North 24 Parganas's District Magistrate, Basirhat's Superintendent of Police, and Additional SP through advocate on record Astha Sharma.
The Parliament Ethics Committee had issued notice to the West Bengal Chief Secretary, DGP, and others asking them to appear before it on February 19. The Parliament Ethics Committee order came on a complaint filed by BJP Member of Parliament Sukanta Majumdar for alleged misconduct, brutality, and causing life threatening injuries by the police officials and district administration of Basirhat, North 24 Parganas District of West Bengal. Senior Advocate Kapil Sibal submitted before the Supreme Court that the BJP MP had gone to Sandeshkhali and violated Section 144 CrPC. He also said that political activities can't be part of privilege.
An advocate appearing for the LS Secretariat told the court that only a notice has been issued and they aren't called as accused in the matter but just to ascertain facts. The petition said that senior officials constrained to file the present petition in view of the extremely urgent situation arisen upon issuance of the Memorandums, directing them to appear before the Parliamentary Committee of Privileges for oral evidence on February 19, based on a mere complaint, which, prima facie, does not disclose any breach of Parliamentary privilege guaranteed to a BJP MP.
The petitioner said that the action is wholly without jurisdiction, illegal, unwarranted, contrary to the law, and unconstitutional.The petitioners said that being Senior Officials of the state, they will have to leave their public duties and appear before the committee of privilege, which is unwarranted and unjustified.
"It is most respectfully submitted that the privileges are available only in so far it is necessary so that the House may freely perform its function and it does not extend to the activities undertaken outside the House," read the petition. The senior officials of the West Bengal urged the top court to issue directions to the respondent to produce the records pertaining to the proceedings of breach of privilege initiated on the complaint filed by the BJP MP, and after perusing the same, the top court be pleased to declare the action of the respondent LS secretariat as illegal, unlawful, unconstitutional, and wholly without jurisdiction and quash the same. They also urged the court to issue directions prohibiting/ restraining the respondent and their subordinate officers from acting in furtherance of the Office Memorandum dated February 15.