SC Stays Summons Issued By Lok Sabha Secretariat's Committee Of Privileges To Jharkhand SP [Read Order]

The Supreme Court Monday stayed the summons issued by the Lok Sabha Secretariat's Committee of Privileges to the Superintendent of Police, Deoghar, to appear before it tomorrow in connection with a complaint filed by a BJP MP from Jharkhand.

Nishikant Dubey, a BJP Lok Sabha MP from Godda constituency, has lodged a complaint with the Committee of Privileges claiming that some officials of the JMM-led Jharkhand government allegedly conspired to defame him by implicating him and his family members in false criminal cases with an aim to cause hinderance to his working as a lawmaker.

A bench headed by Justice L N Rao passed the order while hearing a plea filed by Jharkhand's acting Director General of Police M V Rao who has sought a direction to the Lok Sabha Secretariat, (Privileges and Ethics Branch) and the Committee of Privileges to produce the records pertaining to the proceedings for alleged breach of privilege initiated on Dubey's complaint.

The plea has also urged the apex court to declare as illegal and unconstitutional the action of Lok Sabha's Committee of Privileges in entertaining the complaint and directing the Superintendent of Police, Deogarh to appear before the committee for oral evidence on September 8.

The top court has issued notices and sought responses from Lok Sabha Secretariat (Privileges and Ethics Branch), the Committee of Privileges and Dubey on the plea.

"Issue notice, returnable in four weeks. There shall be stay of further proceedings pursuant to the notice dated July16, 2020 and the officememorandum dated August 28," the bench, also comprising Justuce Hemant Gupta, said in the order.

Senior lawyer Fali Nariman and advocates Arunabh Chowdhury and Pragya Baghel appeared for the petitioner.

It is most respectfully submitted that the notice/complaint for alleged breach of privilege filed by the Respondent No.3 (Dubey) is vague and does not make out any case of breach of privilege. The impugned action is ex-facie without jurisdiction and a blatant case of misuse of the power of privilege and transgresses into the power and jurisdiction of the police to register and investigate a crime in a case disclosing cognizable offences, the plea has said.

In July, two separate FIRs were lodged in Deogarh which is a part Godda parliamentary constituency against the family members of Dubey and others for alleged offences of cheating and using forged documents for undervaluing property.

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