Supreme Court stays parliamentary panel proceedings against senior Bengal officials in Sandesh Khali case

The Supreme Court on Monday stayed a case initiated by a parliamentary committee against West Bengal Chief Secretary Bhagwati Prasad Gopalika, state police chief Rajiv Kumar and other senior officials.

A bench headed by Chief Justice of India DY Chandrachud has issued notices to the Lok Sabha secretariat, West Bengal BJP chief Sukanta Majumdar and the Union Home Ministry, asking them to respond within four weeks. Similar notices were also issued to Bhagwati Prasad Gopalika, Rajeev Kumar and the local magistrate.

The Supreme Court order came after senior officials, including Gopalika, approached the court challenging the notice issued by the Lok Sabha Privileges Committee. The notices were in response to a complaint by Sukanta Majumdar alleging “misconduct, brutality and life-threatening injuries” at the violent protests in Sandesh Khali.

The plea filed through Advocate of Record (AoR) Astha Sharma said these senior officials of West Bengal acted with utmost integrity and followed due process in the discharge of their respective duties.

The petitioners also claimed that as a result of such orders, they were treated as perpetrators, causing serious prejudice against them in the discharge of their day-to-day duties.

“First, we are of the view that the issuance of the impugned memorandum was arbitrary without examining the veracity of the allegations made in the said complaint and is therefore violative of Article 14 of the Constitution of India,” the complaint said.

Additionally, the plea states that the complaint filed by Sukanta Majumdar was “unsubstantiated, vague and failed to establish any breach of privilege.”

“The impugned conduct is manifestly illegal and without jurisdiction and constitutes a case of blatant abuse of privileges. Article 14 of the Constitution of India provides that all persons, including members of Parliament, shall be treated equally before the law,” the petition reads.

On Monday, the Lok Sabha Privileges Committee had to adjourn its meeting due to insufficient quorum, with only four MPs including the chairman present. Quorum requires the presence of at least five members.