REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO.

613 OF 2007

Justice Ripusudan Dayal (Retd.) & Ors. Versus State of M.P. & Ors.

.... Petitioner (s)

.... Respondent(s)

JUDGMENT
P.S !" #$% &' CJI. 1) The present rit petition! under "rticle #$ of the

%onstitution of &ndia! has 'een filed 'y the petitioners challen(in( the )alidity of certain letters issued 'y Mr. *a+i ",li-uddin . Secretary! Vidhan Sa'ha (Respondent /o.0 herein) on )arious dates a(ainst theith re(ard to a case

re(istered 'y the Special Police 1sta'lish-ent (SP1) of the 2o3ayu3t Or(anisation! a(ainst the officials of the Vidhan Sa'ha Secretariat as of the %apital ell as a(ainst the concerned officials "d-inistration5the %ontractor
1
Page 1

Pro4ect

%o-pany alle(in( irre(ularity in the construction carried out in the pre-ises of Vidhan Sa'ha. $) &t is rele)ant to -ention that Petitioner /o.1 herein

or3

as

the 2o3ayu3t of the State of Madhya Pradesh appointed under the pro)isions of the Madhya Pradesh 2o3ayu3t 1)a6plo3ayu3t "ct! 1781 (hereinafter referred to as 9the 2o3ayu3t "ct:). Petitioner /o.$ as the 2e(al "d)isor! a

-e-'er of the Madhya Pradesh ;i(her Judicial Ser)ice on deputation ith the 2o3ayu3t and Petitioner /os. # to < ere

the officers of Madhya Pradesh Special Police 1sta'lish-ent. #) The petitioners herein clai-ed that the said letters

)iolate their funda-ental ri(hts under "rticles 10! 17 and $1 of the %onstitution of &ndia and are contrary to "rticle 170(#) and prayed for the issuance of a ,uashin( the said letters as rit! order or direction(s)

ell as the co-plaints filed 'y

Respondent /os. <! = (since e>pired)! ?! 8 and 7 herein.

0)

B($)* * +!#

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(a)

"n anony-ous co-plaint

as recei)ed on $1.@=.$@@<

in the office of the 2o3ayu3t statin( that a road connectin( the Vidhan Sa'ha ith Valla'h Aha an! in)ol)in( an as 'ein( constructed ith the prescri'ed

e>penditure of a'out Rs. $ crores!

ithout in)itin( tenders and co-plyin( procedure. ith a )ie &t

as also a)erred in the said co-plaint that or3s! the officers or3 sanctioned to

to re(ulari+e the a'o)e5said

-isused their official position and (ot the

the %apital Pro4ect "d-inistration in )iolation of the rules hich a-ounts to serious financial irre(ularity and -isuse of office. &t as also -entioned in the said co-plaint that in

order to construct the said road! one hundred trees had 'een cut do n ithout (ettin( the per-ission fro- the concerned The said co-plaint as re(istered as 1.R.

depart-ent.

/o.1$? of $@@<. Durin( the in,uiry! the Deputy Secretary! ;ousin( and 1n)iron-ent Depart-ent! )ide letter dated 18.@8.$@@< stated that the lo est tenderer and the trees or3 had 'een allotted to the ere cut only after o'tainin(

the re,uisite per-ission fro- the Municipal %orporation. &n )ie of the said reply! the -atter as closed on $$.@8.$@@<.

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(')

On $$.1$.$@@=! a(ain a co-plaint

as filed 'y one Shri

P./. Ti ari! supported

ith affida)it and )arious docu-ents! or3

alle(in( the sa-e irre(ularities in the said construction

'y the officers of the Vidhan Sa'ha Secretariat in collusion ith the %apital Pro4ect "d-inistration hich (ot re(istered as

as 1.R. /o. 1$$ of $@@=. " copy of the said co-plaint sent to the Principal Secretary! Madhya

Pradesh

Bo)ern-ent! ;ousin( and 1n)iron-ent Depart-ent for co--ents. Bo)ern-ent! &n reply! the and "dditional Secretary! M.P.

;ousin(

1n)iron-ent

Depart-ent

su'-itted the co--ents alon(

ith certain docu-ents or3in( under

statin( that the Auildin( %ontroller Di)ision the %apital Pro4ect "d-inistration

as transferred to the

ad-inistrati)e control of the Vidhan Sa'ha Secretariat )ide Order dated 1?.@?.$@@@ and conse,uently the Secretariat Vidhan Sa'ha as solely responsi'le for the construction or3 ithin the Vidhan Sa'ha pre-ises. as -ade to the Principal

and -aintenance (c)

On $=.@=.$@@?! a re,uest

Secretary! ;ousin( and 1n)iron-ent Depart-ent to su'-it all the rele)ant records! tender docu-ents! note sheets!
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ad-inistrati)e! 1@.1@.$@@?.

technical Ay letter

and dated

'ud(etary

sanctions the

'y

1?.@?.$@@?!

6nder

Secretary of the said Depart-ent infor-ed that since the ad-inistrati)e sanctions ere issued 'y the Secretariat ere not a)aila'le ith the-.

Vidhan Sa'ha! the -aterials &n )ie

of the said reply! the 2o3ayu3t5(Petitioner /o.1

herein) sent letters dated #1.@?.$@@? addressed to the Principal Secretary! ;ousin( and 1n)iron-ent Depart-ent! "d-inistrator! %apital Pro4ect "d-inistration and the Deputy Secretary! Vidhan Sa'ha Secretariat to appear 'efore hialon( ith all the rele)ant records on 1@.@8.$@@?. the Principal Secretary! ;ousin( On and

1@.@8.$@@?!

1n)iron-ent appeared 'efore the 2o3ayu3t and infor-ed that since the %ontroller as Auildin(s of %apital Pro4ect

"d-inistration of the

or3in( under the ad-inistrati)e control Sa'ha Secretariat since $@@@! all

Vidhan

sanctionsCappro)als and records relatin( to construction and -aintenance Secretariat. or3 &n )ie ere a)aila'le in the Vidhan Sa'ha of the a'o)e reply! the 2o3ayu3t

su--oned the Secretary and the Deputy Secretary! Vidhan

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Sa'ha!

Respondent

/os.

1@

and

11

respecti)ely

on

$0.@8.$@@? to (i)e e)idence and produce all recordsCnote5 sheets of ad-inistrati)e and technical sanctions and

'ud(etary and tender appro)als relatin( to construction or3s carried out in M2" Rest ;ouse and Vidhan Sa'ha Pre-ises in the year $@@<5$@@=. (d) The Secretary! Vidhan Sa'ha! Respondent /o. 1@

herein! in his deposition dated $0.@8.$@@?! ad-itted (i)in( of ad-inistrati)e appro)al to the esti-ated cost a)aila'le hich as

ith the office of the 2o3ayu3ta and stated that the as in the possession of the ;onD'le

rele)ant note5sheet

Spea3er! therefore! he prayed for ti-e to produce the sa-e 'y @?.@7.$@@?. (e) Vide letter dated @?.@7.$@@?! Respondent /o.1@

con)eyed his ina'ility to produce the sa-e. "fter recei)in( infor-ation frothe %hief 1n(ineer! Pu'lic Eor3s

Depart-ent! %apital Pro4ect! %ontroller Auildin(s! Vidhan Sa'ha! %apital Pro4ect "d-inistration and %hief 1n(ineer! Pu'lic Eor3s Depart-ent )ide letters dated 11.@7.$@@?!

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1#.@7.$@@? and 18.@7.$@@? respecti)ely! the 2e(al "d)isor . Petitioner /o. $ herein . a -e-'er of the M.P. ;i(her Judicial Ser)ice thorou(hly e>a-ined the sa-e and found that it is a fit case to 'e sent to the SP1 for ta3in( action in accordance ith la . opinion. Petitioner /o.1 as in a(ree-ent ith the said as re(istered

Thereafter! %ri-e %ase /o. ##C@?

a(ainst the Secretary! Vidhan Sa'ha (Respondent /o.1@ herein)! Shri ".P. Sin(h! Deputy Secretary! Vidhan Sa'ha! the then "d-inistrator! Superintendent 1n(ineer! %apital Pro4ect "d-inistration and %ontractors on @=.1@.$@@?. (f) "fter re(istration of the case! Petitioner /o.1 recei)ed

the i-pu(ned letters dated 1<.1@.$@@? and 18.1@.$@@? alle(in( 'reach of pri)ile(e under Procedures and %onduct of Ausiness Rules 1=0 of the Madhya Pradesh Vidhan Sa'ha a(ainst hiand the officers of the Special Police

1sta'lish-ent. &n response to the aforesaid letters! 'y letter dated $#.1@.$@@?! the Secretary! 2o3ayu3t e>plained the factual position of Petitioner /o.1 herein statin( that no case of 'reach of pri)ile(e as -ade out and also pointed out

that neither any co-plaint had 'een recei)ed a(ainst the

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;onD'le Spea3er nor any in,uiry

as conducted 'y the as found

2o3ayu3t Or(ani+ation a(ainst hi- nor his na-e in the F&R. (() On $=.1@.$@@?! the Secretary! Vidhan

Sa'ha

Respondent /o.0 sent si> letters statin( that the reply dated $#.1@.$@@? is not accepta'le and that indi)idual replies should 'e sent 'y each of the petitioners. (h) Aein( a((rie)ed 'y the initiation of action 'y the

;onD'le Spea3er for 'reach of pri)ile(e! the petitioners ha)e preferred this <) the rit petition.

;eard Mr. G.G. Venu(opal! learned senior counsel for rit petitioners! Mr. Mishra Saura'h! learned counsel for

the State5Respondent /o. 1 and Mr. %.D. Sin(h! learned counsel for the Secretary! Vidhan Sa'ha5Respondent /o.0.

C,-!)-!$,-#.

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=)

Mr. G.G. Venu(opal! learned senior counsel for the

petitioners raised the follo in( contentionsH5 (i) Ehether the 2e(islati)e "sse-'ly or its Me-'ers en4oy any pri)ile(e in respect of an in,uiry or an in)esti(ation into a cri-inal offence punisha'le under any la 'ein( in force! e)en for the ti-e as

hen in,uiry or in)esti(ation

initiated in perfor-ance of duty en4oined 'y la the )ery 2e(islati)e "sse-'ly of pri)ile(e is alle(edI

enacted 'y

hich the 'reach of

(ii) Ehether officials of the 2e(islati)e "sse-'ly also en4oy the sa-e pri)ile(es Me-'ersI (iii) Ehether see3in( -ere infor-ation or callin( the officials of Vidhan Sa'ha Secretariat for pro)idin( infor-ation durin( in,uiry or in)esti(ation a-ounts to 'reach of pri)ile(eI (i)) &n )ie of the letter dated $#.@8.$@@?! sent 'y the hich are a)aila'le to "sse-'ly and its

Principal Secretary to Respondent /os. 1@ and 11! i.e.! Secretary and Deputy Secretary! Vidhan Sa'ha respecti)ely

9
Page 9

directin( the- to appear 'efore the 2o3ayu3t (as per the order of the Spea3er)! hether Respondent /os. 1@ and 11 as sou(ht fro-

can ha)e any (rie)ance that infor-ation the?)

ithout sanction and 3no led(e of the Spea3erI

On 'ehalf of the respondents! particularly! Respondent

/o.05Secretary! Vidhan Sa'ha! Mr. %.D. Sin(h! at the fore-ost su'-itted that the present petition under "rticle #$ of the %onstitution of &ndia in)o3in( rit 4urisdiction of this

%ourt is not -aintaina'le as no funda-ental ri(ht of the petitioners! as en)isa(ed in Part &&& of the %onstitution! has 'een )iolated 'y any of the actions of Respondent /o. 0. &t is their stand that e)ery action pertainin( to the "sse-'ly and its ad-inistration is the ;onD'le Spea3er. ithin the do-ain and 4urisdiction of

The -atter of pri)ile(e is (o)erned

under the rules as contained in %hapter JJ& of the Rules of Procedure and %onduct of Ausiness in the Madhya Pradesh Vidhan Sa'ha. ;ence! it is stated that the rit petition is

lia'le to 'e dis-issed 'oth on the (round of -aintaina'ility as ell as on -erits.

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8)

Aefore considerin( ri)al contentions and the le(al

position! it is useful to recapitulate the * +!/ 0 1)! $0# and ()0)% -! #! !/!,(2 3(,%$#$,-# hich are as underH5

The le(islature of the %entral Pro)ince and Aerar enacted the %entral Pro)inces and Aerar Special Police 1sta'lish-ent "ct! 170? (hereinafter referred to as Kthe SP1 "ctD). 6nder the said "ct! a Special Police Force as

constituted

hich has po er to in)esti(ate the offences

notified 'y the State Bo)ern-ent under Section # of the said "ct! hich reads as underH5
43. O**)-+)# !, 5) $-%)#!$6 !)1 52 S3)+$ 0 P,0$+) E#! 50$#"&)-!H5 The State Bo)ern-ent -ay! 'y notifications! specify the offences or classes of offences hich are to 'e in)esti(ated 'y (Madhya Pradesh) Special Police 1sta'lish-ent.:

7)

On 1=.@7.1781! 2e(islati)e "sse-'ly of the State of ith the follo in(

Madhya Pradesh enacted the 2o3ayu3t "ct

o'4ecti)e as has 'een stated in the prea-'le of the said "ctH5

9"n "ct to -a3e pro)ision for the appoint-ent and functions of certain authorities for the en,uiry into the alle(ation a(ainst 9Pu'lic Ser)ants: and for -atters connected there ith.:

11
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Section $(a) of the 2o3ayu3t "ct defines 9officer: in the follo in( -annerH5
9officer: -eans a person appointed to a pu'lic ser)ice or post in connection ith the affairs of the State of Madhya Pradesh.:

Section $(') defines 9alle(ation: as follo sH5

9alle(ation: in relation to a pu'lic ser)ant -eans any affir-ation that such pu'lic ser)ant! (i) has a'used his position as such to o'tain any (ain or fa)our to hi-self or to any other person or to cause undue har- to any personL (ii) as actuated in the dischar(e of his functions as such pu'lic ser)ant 'y i-proper or corrupt -oti)esL (iii) is (uilty of corruptionL or (i)) is in possession of pecuniary resources or property disproportionate to his 3no n sources of inco-e and such pecuniary resources or property is held 'y the pu'lic ser)ant personally or 'y any -e-'er of his fa-ily or 'y so-e other person on his 'ehalf. E730 - !$,-.5 For the purpose of this su'5clause 9fa-ily: -eans hus'and! ife! sons and un-arried dau(hters li)in( 4ointly ith hi-L:

The phrase 9Pu'lic Ser)ant: has 'een defined under Section $(() of the 2o3ayu3t "ct in the follo in( ter-sH
9Pu'lic Ser)ant: -eans a person fallin( under any of the follo in( cate(ories! na-elyH5 (i) MinisterL

12
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(ii) a person ha)in( the ran3 of a Minister 'ut shall not include Spea3er and Deputy Spea3er of the Madhya Pradesh Vidhan Sa'haL (iii) an officer referred to in clause (a)L (i)) an officer of an "pe> Society or %entral Society ithin the -eanin( of %lause (t51) read ith %lauses (a51)! (c51) and (+) of Section $ of the Madhya Pradesh %o5operati)e Societies "ct! 17=@ (/o. 1? of 17=1). ()) "ny person holdin( any office in! or any e-ployee of 5 (i) a Bo)ern-ent %o-pany ithin the -eanin( of Section =1? of the %o-panies "ct! 17<=L or (ii) a %orporation or 2ocal "uthority esta'lished 'y State Bo)ern-ent under a %entral or State enact-ent. ()i) (a) 6p5Gulpati! "dhyacharya and Gul Sachi)a of the &ndira Gala San(it Vish a)idyalaya constituted under Section # of the &ndira Gala San(it Vish a)idyalaya "ct! 17<= (/o. 17 of 17<=)L (') Gulpati and Re(istrar of the Ja ahar 2al /ehru Grishi Vish a)idyalaya constituted under Section # of the Ja aharlal /ehru Grishi Vish a)idyalaya "ct! 17=# (/o. 1$ of 17=#)L Gulpati Rector and Re(istrar of the Vish a)idyalay constituted under Section < of the Madhya Pradesh Vish a)idyalay "dhiniya-! 17?# (/o. $$ of 17?#).:

1@) Thus! all persons! e>cept those specifically e>cluded under the said definition! co-e ithin the do-ain of the

2o3ayu3t "ct and the 2o3ayu3t can! therefore! entertain co-plaints and ta3e actions in accordance ith the said

pro)isions. Section ? of the said "ct thereafter defines the

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role of the 2o3ayu3t and the 6p52o3ayu3t in the follo in( ter-sH5
47. M !!)(# 8"$+" & 2 5) )-9/$()1 $-!, 52 L,: 2/:! ,( U3;L,: 2/:!.; Su'4ect to the pro)ision of this "ct! on recei)in( co-plaint or other infor-ationH5 (i) the 2o3ayu3t -ay proceed to en,uire into an alle(ation -ade a(ainst a pu'lic ser)ant in relation to ho- the %hief Minister is the co-petent authority. (ii) the 6p52o3ayu3t -ay proceed to en,uire into an alle(ation -ade a(ainst any pu'lic ser)ant other than referred to in clause (i) Pro)ided that the 2o3ayu3t -ay en,uire into an alle(ation -ade a(ainst any pu'lic ser)ant referred to in clause (ii). E730 - !$,-.; For the purpose of this Section! the e>pression 9-ay proceed to en,uire:! and 9-ay en,uire:! include in)esti(ation 'y Police a(ency put at the disposal of 2o3ayu3t and 6p52o3ayu3t in pursuance of su'5Section (#) of Section 1#.

11) On

10.@7.$@@@!

the

State

Bo)ern-ent

issued

notification in e>ercise of po ers under Section # of the SP1 "ct 'y hich the Special Police 1sta'lish-ent as

e-po ered to in)esti(ate offences follo in( offencesH5

ith re(ard to the

(a) Offences punisha'le under the Pre)ention of %orruption "ct! 1788 (/o. 07 of 1788)L (') Offences under Sections 0@7 and 0$@ and %hapter JV&&& of the &ndian Penal %ode! 18=@ (/o. J2V of 18=@) hen they are co--itted! atte-pted or a'used 'y pu'lic 14
Page 14

ser)ants or e-ployees of a local authority or a statutory corporation! hen such offences ad)ersely affect the interests of the State Bo)ern-ent or the local authority or the statutory corporation! as the case -ay 'eL (c) %onspiracies in respect of offences -entioned in ite(a) and (') a'o)eL and (d) %onspiracies in respect of offences -entioned in ite(a) and (') shall 'e char(ed ith si-ultaneously in one trial under the pro)isions of %ri-inal Procedure %ode! 17?# (/o. $ of 17?0).

1$) "s per the pro)ision of Section 0 of the SP1 "ct! the superintendence of in)esti(ation 'y the M.P. Special Police 1sta'lish-ent as )ested in the 2o3ayu3t appointed under

the 2o3ayu3t "ct. 1#) On $$.1$.$@@=! a co-plaint as recei)ed fro- one Shri

P./. Ti ari supported 'y affida)it and )arious docu-ents -a3in( alle(ations that ne or3s had 'een carried out in the

"sse-'ly 'uildin( 'y the %apital Pro4ect "d-inistration ithout -a3in( 'ud(etary

in (ross )iolation of the rules!

pro)isions and co--ittin( financial irre(ularities. The said co-plaint co-plaint! it (a) as re(istered as 1.R. 1$$ of $@@=. &n the said as -entioned thatH

"n order had 'een issued to the "d-inistrator! %apital Pro4ect "d-inistration 'y Shri ".P. Sin(h! Deputy
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Secretary! Vidhan Sa'ha (i)in( ad-inistrati)e appro)al for the esti-ate of the cost of construction a(ainst rules and ithout -a3in( 'ud(etary pro)ision )ide

order dated 17.1@.$@@< in respect of the follo in( or3sH

S.N,. (i) (ii) (iii) (i)) A&,/-! $0 :"# %onstruction of #@ roo-s in M2" Rest Rs. <.<1 ;ouse Aloc35$ %onstruction of toilets in Aloc3 15# of Rs. $<.08 M2" Rest ;ouse %onstruction of shops in M2" Rest Rs. <.78 ;ouse pre-ises 6p5(radationCconstruction of road froMa+ar to Bate /o. < of Vidhan Sa'ha (Old Jail) (a) %onstruction of road fro- Ma+ar to Rs. $$.<$ Rotary (') %onstruction of road fro- Rotary to Rs. 1#.$# Jail Road %onstruction of loun(e for the Spea3er Rs. =.8@ and Officers in Vidhan Sa'ha ;all %onstruction of ne reception +one Rs. <0.@@ (includin( par3in(Croad) for Vidhan Sa'ha 6p(radation or3 of ca-pus li(hts and Rs. $=.=@ electric or3 in M2" Rest ;ouse pre-ises %onstruction of road fro- Vidhan Sa'ha to Secretariat (includin( de)elop-ent of helipad and connected area) and proposed up(radation and de)elop-ent or3 of M.P. PoolCspraypondH (a) %onstruction of ne road fro- the Rs. 1@.8< V&P entrance upto the proposed ne (ate (') %onstruction of road fro- present Rs. $1.<= %har Di ari to Rotary 16
Page 16

N &) ,* 8,(:#

()) ()i) ()ii) ()iii)

(c) %onstruction of road fro- Rotary to Rs. 1$.@@ Secretariat Total sanctioned a-ount Rs. $@0.<#

(')

the officers had a'used their po ers 'y (ettin( the or3s carried out and ithout ithout -a3in( 'ud(etary pro)isions appro)al frothe Finance

(ettin(

Depart-ent in respect of the

or3s specified at ite-

nu-'ers (i))! ()i)! ()ii) and ()iii) a'o)e. (c) Follo in( financial irre(ularities (i) ere also pointed outH as accorded 'y

Thou(h ad-inistrati)e appro)al

Shri ".P. Sin(h! Deputy Secretary! Vidhan Sa'ha on 17.1@.$@@<! or3s had already 'een e>ecuted

and inau(urated in the presence of the then %hief Minister! Shri Aa'ulal Baur and the Spea3er! Vidhan Sa'ha and other Ministers on @#.@8.$@@<. The proper procedure is to first in)ite tenders and it is only after the acceptance of the suita'le tenders that (ii) or3 orders are to 'e issued.

Aud(etary head of the Vidhan Sa'ha is 1<<<. This head is -eant for -aintenance and not for ne

17
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construction!

'ut

the

ad-inistrati)e

appro)al

dated 17.1@.$@@<

as accorded 'y Shri ".P. Sin(h!

Deputy Secretary! Vidhan Sa'ha in respect of ne or3s of total )alue of Rs. 1=@.?= la3h. (iii) Eor3s of the )alue of Rs. 1=@.?= la3h out ere carried

ithout any 'ud(etary pro)ision and also

ithout the appro)al of the Finance Depart-ent. Further-ore! a proposal had 'een sent 'y the %apital Pro4ect "d-inistration for sanction of 'ud(et 'ut the sa-e Finance Depart-ent. (ot e>ecuted. (i)) "s per the appro)al dated 17.1@.$@@<! as not appro)ed 'y the 1)en then the or3s ere

e>penditure

as to 'e incurred fro- the -ain hich is the head of 6r'an that head! construction

'ud(etary head $$1? De)elop-ent. Fro-

acti)ities in the Vidhan Sa'ha pre-ises could not 'e carried out.

18
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())

The %ontroller Auildin(s! %apital Pro4ect (Vidhan Sa'ha) e>ecuted the or3s in collusion ith the as

other officers and in )iolation of the rules. &t

stated that the officials had a'used their po ers to re(ulari+e their irre(ular acti)ities. The or3s had

'een underta3en for the personal 'enefit of so-e officers and pay-ents the rules. 10) Ay letter dated @0.@1.$@@?! a copy of the co-plaint as sent to the Principal Secretary! Madhya Pradesh Bo)ern-ent! ;ousin( and 1n)iron-ent Depart-ent callin( factual co--ents alon( co--ents ith the rele)ant docu-ents. The ere -ade in )iolation of

ere su'-itted 'y the "dditional Secretary! M.P.

Bo)ern-ent! ;ousin( and 1n)iron-ent Depart-ent )ide letter dated 1<.@<.$@@?. The co--ents! inter alia! stated

that the Auildin( %ontroller Di)ision functionin( under the %apital Pro4ect "d-inistration as transferred to the

ad-inistrati)e control of the Vidhan Sa'ha Secretariat )ide order dated 1?.@?.$@@@! conse,uently! Secretariat Vidhan Sa'ha is solely responsi'le for the construction and
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Page 19

-aintenance

or3s

ithin the Vidhan Sa'ha pre-ises. On ith the ere

e>a-ination of the co--ents recei)ed alon( supportin( re)ealedH (a) docu-ents! follo in( discrepancies

Ehereas the co--ents stated that 'ud(et pro)ision had 'een -ade for an a-ount of Rs.$@0.<# la3h for the purpose of special repairs and -aintenance of old and ne Vidhan Sa'ha and M2" Rest ;ouse under De-and

/o. $1! -ain head $$1?! su' -ain head @1! -inor head @@1! de)elop-ent head 1<<< (#$@?)! no a-ounts ere

specified under those heads! su' heads and -inor heads (') hich ere related to ne construction or3sL

Ehereas the co--ents stated that

or3 had 'een

e>ecuted throu(h tenders! 'ut tender docu-ents had not 'een anne>ed. (c) Ehereas the co--ents stated that appro)al in respect of nine or3s had 'een accorded 'y the Secretariat!

Vidhan Sa'ha on the re,uest of the %ontroller Auildin(s on $1.@#.$@@<! ho e)er! it is not clear fro- the letter
20
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dated $1.@#.$@@< that ad-inistrati)e appro)al had 'een accordedL and (d) Ehereas the co--ents stated that a-ended sanction as (ranted )ide order dated 17.1@.$@@<! hile the as an

letter dated 17.1@.$@@< does not indicate that it a-ended ad-inistrati)e sanction. 1<) &n )ie

of the a'o)e preli-inary o'ser)ations! as noted as -ade to the Principal Secretary!

a'o)e! a re,uest

;ousin( and 1n)iron-ent Depart-ent to su'-it all rele)ant records! tender docu-ents! note5sheets! ad-inistrati)e! technical and 'ud(etary sanctions 'y 1@.@?.$@@?. &t as

a(ain infor-ed 'y the 6nder Secretary! ;ousin( and 1n)iron-ent Depart-ent! )ide letter dated 1?.@?.$@@? that since the ad-inistrati)e sanctions ere issued 'y the

Secretariat Vidhan Sa'ha! the note5sheetsCrecords relatin( to such sanctions ere not a)aila'le ith the ;ousin( and

1n)iron-ent Depart-ent. 1=) &n )ie of the reply su'-itted 'y the 6nder Secretary!

;ousin( and 1n)iron-ent Depart-ent! the Petitioner sent a

21
Page 21

letter dated #1.@?.$@@? addressed to the Principal Secretary! ;ousin( and 1n)iron-ent Depart-ent! "d-inistrator!

%apital Pro4ect "d-inistration and the Deputy Secretary! Vidhan Sa'ha Secretariat to appear 'efore the 2o3ayu3t alon( ith all rele)ant infor-ationCrecords on 1@.@8.$@@?.

1?) On the date fi>ed for appearance! i.e.! 1@.@8.$@@?! the Principal Secretary! ;ousin( and 1n)iron-ent appeared 'efore the 2o3ayu3t. ;e infor-ed that since the %ontroller Auildin(s of %apital Pro4ect "d-inistration as or3in(

under the ad-inistrati)e control of the Vidhan Sa'ha Secretariat since the year $@@@! all sanctionsCappro)als and records re(ardin( construction and -aintenance or3s

carried out in M2" Rest ;ouse and Vidhan Sa'ha pre-ises ere a)aila'le in the Vidhan Sa'ha Secretariat. On

recei)in( such infor-ation! the Principal Secretary! Vidhan Sa'ha Secretariat! infor-ed that the records relatin( to construction or3 or3s ere not ith hi- and that such type of

as loo3ed after 'y the Secretary and the Deputy &n this situation! Secretary and

Secretary! Vidhan Sa'ha.

Deputy Secretary! Vidhan Sa'ha Secretariat and %ontroller

22
Page 22

Auildin(s! Vidhan Sa'ha! %apital Pro4ect "d-inistration

ere

su--oned to (i)e e)idence and produce all recordsCnote5 sheets of ad-inistrati)e and technical sanctions and

'ud(etary and tender appro)als relatin( to construction or3s carried out in M2" Rest ;ouse and Vidhan Sa'ha pre-ises in the year $@@<5@= on $0.@8.$@@?. Su--ons

ere issued as per the pro)isions of Section 11(1) of the 2o3ayu3t "ct! read ith Sections =1 and $00 of the %ode of ere recei)ed 'y the

%ri-inal Procedure! 17?#. Su--ons

Deputy Secretary! Vidhan Sa'ha! Shri B.G. Ra4pal and the %ontroller Auildin(s! Shri De)endra Ti ari. Process Ser)er of the 2o3ayu3t Or(anisation tried to ser)e su--ons on Shri &srani in his office. Process Ser)er contacted Shri ;arish The P.". too3 the

Gu-ar Shri)as! P.". to Shri &srani. su--ons to Shri &srani. Process Ser)er to

"fter co-in( 'ac3! he as3ed the

ait till 0.@@ p.-. 2ater! the P.". told the

Process Ser)er to ta3e per-ission of the ;onD'le Spea3er to effect ser)ice of the su--ons on the Secretary. su--ons could not 'e ser)ed on Shri &srani. "s such!

23
Page 23

18) Thereafter! D.O. letter dated 10.@8.$@@?

as recei)ed

fro- the Principal Secretary! Vidhan Sa'ha statin( that as per the direction of the ;onD'le Spea3er! he the 2o3ayu3t Or(ani+ation thatH (a) The Vidhan Sa'ha Secretariat co-plaint (') "ll hich as not a are as to the as infor-in(

as 'ein( in,uired intoL relatin( to in)itation of tenders! ere

proceedin(s

technical sanction!

or3 orders and pay-ent etc.

conducted throu(h the %ontroller Auildin(s! %apital Pro4ect "d-inistration and! therefore! all the records relatin( to these (c) or3s should 'e a)aila'le ith the-L

&f! a copy of the co-plaint!

hich is 'ein( in,uired into!

is -ade a)aila'le to the Vidhan Sa'ha Secretariat! it ould 'e possi'le to -a3e the position -ore clear. That as the reason hy the Spea3er had not (ranted

per-ission to the Deputy Secretary to appear in the Office of the 2o3ayu3tL and

24
Page 24

(d)

6nder the pro)isions of Section $(()(ii) of the 2o3ayu3t "ct! the Spea3er! the Deputy Spea3er and the 2eader of Opposition are e>e-pted fro- the 4urisdiction of the 2o3ayu3t.

17)

Shri

&srani

appeared

'efore

the

2o3ayu3t

on

$0.@8.$@@?

hen his deposition

as recorded.

&n his

deposition! he stated that the ad-inistrati)e appro)al to the esti-ated cost dated 17.1@.$@@< a)aila'le as (i)en! hich as

ith the office of the 2o3ayu3t. ;e further stated

that note5sheet relatin( to ad-inistrati)e appro)al had 'een prepared hich as in possession of the Spea3er.

"ccordin(ly! he @?.@7.$@@?. $@) &nfor-ation

as re,uired to produce the sa-e 'y

as called for fro- the %hief 1n(ineer!

Pu'lic Eor3s Depart-ent! %apital Pro4ect "d-inistration! %ontroller Auildin(s! and Vidhan %hief Sa'ha! 1n(ineer! %apital Pu'lic Pro4ect Eor3s

"d-inistration Depart-ent.

The sa-e

as recei)ed )ide letters dated

11.@7.$@@?! 1#.@7.$@@? and 18.@7.$@@? respecti)ely.

25
Page 25

$1) Scrutiny note

as prepared 'y the 2e(al "d)isor! Mrs.

Vi'ha ari Joshi! a -e-'er of the Madhya Pradesh ;i(her Judicial Ser)ice! on deputation to the 2o3ayu3t Or(ani+ation! ith the assistance of the Technical %ell! ith the appro)al

of the 2o3ayu3t. "fter e>a-ination of the infor-ation and records recei)ed fro- the )arious authorities concerned! she prima facie found esta'lished thatH (a) contracts in respect of construction of roads and ere a arded at

reception pla+a and reno)ation of toilets rates hi(her than the pre)ailin( ratesL (') or3s ere (ot e>ecuted e)en

hen there

ere no

'ud(etary pro)isions. De-and for 'ud(et

as -ade fro-

the Finance Depart-ent 'ut the sa-e had not 'een acceptedL (c) ne construction or3s of the )alue of Rs. 1?#.<0 la3h hich as

ere (ot e>ecuted fro- the -aintenance head!

not per-issi'le! since the -aintenance head is -eant for -aintenance or3s and not for ne or3sL

26
Page 26

(d)

for ne

construction

or3s of the )alue of Rs.1?#.<0

la3h! ad-inistrati)e appro)al and technical sanction had 'een accorded 'y the authorities! to do soL (e) or3s of Rs.$@<.=1 la3h ere (ot e>ecuted ithout ho ere not co-petent

o'tainin( ad-inistrati)e appro)al and technical sanctionL (f) records sho after that -easure-ents of EAM the Aitu-en or3 (tarrin() or3 had ere 'een

recorded

co-pleted. Proper procedure is that first the -easure-ents of EAM or3 are recorded! thereafter Aitu-en or3 is

e>ecuted and it is only thereafter -easure-ents of Aitu-en or3 are recorded. Discrepancies in the recordin( of

-easure-ents create dou'tL (() Rules pro)ide that in the /otice &n)itin( Tenders (/&T)!

schedule of ,uantities is anne>ed so that the tenderers -ay -a3e proper assess-ent hile ,uotin( rates! 'ut in the

present case! in the /&T for roads in Schedule5&! ,uantities ere not specified. So! it as difficult for the tenderers to

27
Page 27

-a3e proper assess-ent

hile ,uotin( rates.

This thro s

dou't on the le(iti-acy of the process. (h) (i) Road as to 'e constructed ithin the dia-eter of or3 as split up into

#@@ -eters. For this s-all area! fi)e portions and four contractors

ere en(a(ed. Rules

pro)ide that for one road! there should 'e one esti-ate! one technical sanction and one /&T. present case! fi)e esti-ates technical sanctions &n the

ere prepared! fi)e ere

ere (ranted! fi)e tenders

in)ited and four contractors

ere en(a(ed. This thro s

dou't on the le(iti-acy of the processL (ii) There are of three roads! processes i.e.! in)ol)ed in the and

construction

EAM!

Aitu-en

ther-oplastic. "s per the rules and practice! for all the three processes! there should 'e one tender! 'ut in the present case! the inas-uch or3 as split up into three portions as (i)en to t o contractors! or3 of ther-oplastic

or3 of EAM

or3 of Aitu-en to one other and to still anotherL

28
Page 28

(iii) %e-ent concrete road

as constructed for a s-all

part of the sa-e road. For this s-all part of the road another separate /&T as in)ited and or3 as

a arded to a separate contractor! i.e.! the fifth contractorL (i) The Secretary and the Deputy Secretary of Vidhan Secretariat and and "d-inistrator! Auildin(s of Superintendin( %apital Pro4ect

Sa'ha 1n(ineer

%ontroller

"d-inistration in collusion

ith the contractors! in order to

(i)e undue 'enefits to the- 'y a'usin( their official position caused loss of Rs.1$!=$!@1=C5 to Rs.$@!?1!7?8C5 to the Bo)ern-ent. &n )ie of the a'o)e! the 2e(al "d)isor (Petitioner /o.$

herein) recorded her opinion that it is a fit case to 'e sent to the SP1 for ta3in( action in accordance 2o3ayu3t Petitioner /o. 1 a(reed ith la . The

ith the note of the 2e(al ith

"d)isor and o'ser)ed that it is a fit case to 'e dealt further 'y the SP1. SP1. The case

as accordin(ly sent to the

29
Page 29

$$) The SP1! thereafter! re(istered %ri-e %ase /o. ##C@? on @=.1@.$@@? a(ainst Shri Aha( an De) &srani! Secretary Vidhan Sa'ha! Shri ".P. Sin(h! Deputy Secretary Vidhan Sa'ha! the then "d-inistrator! Superintendin( 1n(ineer! %apital Pro4ect "d-inistration and %ontractors. Soon after

the re(istration of the cri-inal case! the petitioners recei)ed the i-pu(ned notices dated 1<.1@.$@@? of 'reach of pri)ile(e herein alle(ations

ere -ade a(ainst the petitioners.

The petitioners understood that the said letters had 'een issued on the 'asis of so-e co-plaints 'y the Me-'ers of 2e(islati)e "sse-'ly. The petitioners recei)ed further

notices for 'reach of pri)ile(e on the 'asis of the co-plaint -ade 'y Shri Ba4ra4 Sin(h! M2". $#) &n response to the aforesaid letters! the Secretary of the 2o3ayu3t Or(ani+ation! on the direction of the Petitioner /o. 1 sent a letter dated $#.1@.$@@?! to Respondent /o. 05Shri *a+i ",li-uddin! Secretary! Vidhan Sa'ha (i)in( in details a'out the constitutional! le(al and factual position statin( that no case of pri)ile(e as -ade out. &t as also pointed

out that neither any co-plaint had 'een recei)ed a(ainst

30
Page 30

the Spea3er! Respondent /o. 1 nor any in,uiry conducted 'y the 2o3ayu3t Or(ani+ation a(ainst hi- nor he na-ed in the F&R.

as as

$0) Respondent /o. 0! i.e.! Secretary! Vidhan Sa'ha! thereafter petitioners. sent si> letters dated $=.1@.$@@? to the ere

Ay the said letters! the petitioners

infor-ed that the reply dated $#.1@.$@@? had not 'een accepted and it as directed that indi)idual replies should

'e sent 'y each of the petitioners. Aein( a((rie)ed 'y the initiation of action 'y the Spea3er for 'reach of pri)ile(e a(ainst the petitioners! as noted a'o)e! the petitioners herein filed the present rit petition.

M $-! $- 5$0$!2 ,* !") 8($! 3)!$!$,- /-1)( A(!$+0) 32 ,* !") C,-#!$!/!$,-. $<) Mr. %.D. Sin(h! learned counsel appearin( for

Respondent /o.0! 'y dra in( our attention to the relief prayed for and of the fact that ,uashin( relates to letters on )arious dates herein after pointin( out the notice of 'reach

of pri)ile(e recei)ed fro- the -e-'ers of Madhya Pradesh "sse-'ly sou(ht co--entsCopinion ithin se)en days for
31
Page 31

consideration of the ;onD'le Spea3er! su'-itted that the proper course ould 'e to su'-it their response and rit

petition under "rticle #$ of the %onstitution of &ndia is not -aintaina'le. $=) Mr. Venu(opal! learned senior counsel for the

petitioners su'-itted that as the i-pu(ned proceedin(s hich are -ere letters callin( for response as they relate to 'reach of pri)ile(e! a-ount to )iolation of ri(hts under "rticle $1 of the %onstitution! hence! the present rit

petition is -aintaina'le. &n support of his clai-! he referred to )arious decisions of this %ourt. $?) There is no dispute that all the i-pu(ned proceedin(s or noticesClettersCco-plaints -ade 'y )arious -e-'ers of the Madhya Pradesh "sse-'ly clai-ed that the rit

petitioners )iolated the pri)ile(e of the ;ouse. 6lti-ately! if their replies are not accepta'le! the petitioners ha)e no other re-edy e>cept to face the conse,uence! na-ely! action under Madhya Pradesh Vidhan Sa'ha Procedure and %onduct of Ausiness Rules! 17=0. &f any decision is ta3en 'y

32
Page 32

the ;ouse! the petitioners -ay not 'e in a position to challen(e the sa-e effecti)ely 'efore the court of la . &n

The Bengal Immunity Company Limited )s. The State of Bihar and Others! M17<<N $ S%R =@#! se)en ;onD'le Jud(es of this %ourt accepted si-ilar rit petition. The said

case arose a(ainst the 4ud(-ent of the ;i(h %ourt of Patna dated @0.1$.17<$ 'y the here'y it dis-issed the application -ade under "rticle $$= of the

appellant5%o-pany

%onstitution prayin( for an appropriate

rit or order

,uashin( the proceedin(s issued 'y the opposite parties for the purpose of le)yin( and realisin( a ta> hich is not

la fully le)ia'le on the petitioners and for other ancillary reliefs. "s in the case on hand! it has 'een ar(ued 'efore the se)en5Jud(e Aench that the application as pre-ature!

for there has! so far! 'een no in)esti(ation or findin( on facts and no assess-ent under Section 1# of the "ct. Re4ectin( the said contention! this %ourt held thusH
9O. &n the first place! it i(nores the plain fact that this notice! callin( upon the appellant co-pany to forth ith (et itself re(istered as a dealer! and to su'-it a return and to deposit the ta> in a treasury in Aihar! places upon it considera'le hardship! harass-ent and lia'ility hich! if

33
Page 33

the "ct is )oid under article $=< read ith article $8= constitute! in presenti! an encroach-ent on and an infrin(e-ent of its ri(ht hich entitles it to i--ediately appeal to the appropriate %ourt for redress. &n the ne>t place! as as said 'y this %ourt in Commissioner of Police, Bombay )s. Gordhandas Bhanji! M17<$N # S%R 1#< hen an order or notice e-anates fro- the State Bo)ern-ent or any of its responsi'le officers directin( a person to do so-ethin(! then! althou(h the order or notice -ay e)entually transpire to 'e ultra vires and 'ad in la ! it is o')iously one hich prima facie co-pels o'edience as a -atter of prudence and precaution. &t is! therefore! not reasona'le to e>pect the person ser)ed ith such an order or notice to i(nore it on the (round that it is ille(al! for he can only do so at his o n ris3 and that a person placed in such a situation has the ri(ht to 'e told definitely 'y the proper le(al authority e>actly here he stands and hat he -ay or -ay not do. "nother plea ad)anced 'y the respondent State is that the appellant co-pany is not entitled to ta3e proceedin(s prayin( for the issue of prero(ati)e rits under article $$= as it has ade,uate alternati)e re-edy under the i-pu(ned "ct 'y ay of appeal or re)ision. The ans er to this plea is short and si-ple. The re-edy under the "ct cannot 'e said to 'e ade,uate and is! indeed! nu(atory or useless if the "ct hich pro)ides for such re-edy is itself ultra vires and )oid and the principle relied upon can! therefore! ha)e no application here a party co-es to %ourt ith an alle(ation that his ri(ht has 'een or is 'ein( threatened to 'e infrin(ed 'y a la hich is ultra vires the po ers of the le(islature hich enacted it and as such )oid and prays for appropriate relief under article $$=. "s said 'y this %ourt in immatlal arilal !ehta )s. The State of !adhya Pradesh "supra# this plea of the State stands ne(ati)ed 'y the decision of this %ourt in The State of Bombay )s. The $nited !otors "India# Ltd% "supra#. Ee are! therefore! of the opinion! for reasons stated a'o)e! that the ;i(h %ourt as not ri(ht in holdin( that the petition under article $$= as -isconcei)ed or as not -aintaina'le. &t ill! therefore! ha)e to 'e e>a-ined and decided on -eritsO. O.:

$8) &n &ast India Commercial Co%, Ltd%, Calcutta and 'nother )s. The Collector of Customs, Calcutta, M17=#N
34
Page 34

# S%R ##8!

hich is a three5Jud(e Aench decision! this %ourt

ne(ati)ed si-ilar o'4ection as pointed out in our case 'y the State. &n that case! the appellants51ast &ndia %o--ercial

%o. 2td.! %alcutta had 'rou(ht into &ndia fro- 6.S.". a lar(e ,uantity of electrical instru-ents under a licence. respondent! %ollector of %usto-s! %alcutta! The

started

proceedin(s for confiscation of these (oods under Section 1=?(8) of the Sea %usto-s "ct! 18?8. The appellants -ainly contended that the proceedin(s are entirely ithout

4urisdiction as the %ollector can confiscate only

hen there is

an i-port in contra)ention of an order prohi'itin( or restrictin( it and in that case the %ollector as proceedin( to

confiscate on the (round that a condition of the licence under hich the (oods had 'een i-ported had 'een The appellants! therefore! prayed for a rit of

diso'eyed.

prohi'ition directin( the %ollector to stop the proceedin(s. The o'4ection of the other side as that the appellant had

approached the ;i(h %ourt at the notice sta(e and the sa-e cannot 'e considered under "rticle $$= of the %onstitution. Re4ectin( the said contention! this %ourt heldH

35
Page 35

9O..The respondent proposed to ta3e action under Section 1=?(8) of the Sea %usto-s "ct! read ith Section #($) of the "ct. &t cannot 'e denied that the proceedin(s under the said sections are ,uasi54udicial in nature. Ehether a statute pro)ides for a notice or not! it is incu-'ent upon the respondent to issue notice to the appellants disclosin( the circu-stances under hich proceedin(s are sou(ht to 'e initiated a(ainst the-. "ny proceedin(s ta3en ithout such notice ould 'e a(ainst the principles of natural 4ustice. &n the present case! in our )ie ! the respondent ri(htly issued such a notice herein specific acts constitutin( contra)entions of the pro)isions of the "cts for hich action as to 'e initiated ere clearly -entioned. "ssu-in( that a notice could 'e laconic! in the present case it as a spea3in( one clearly specifyin( the alle(ed act of contra)ention. &f on a readin( of the said notice! it is -anifest that on the assu-ption that the facts alle(ed or alle(ations -ade therein ere true! none of the conditions laid do n in the specified sections as contra)ened! the respondent ould ha)e no 4urisdiction to initiate proceedin(s pursuant to that notice. To state it differently! if on a true construction of the pro)isions of the said t o sections the respondent has no 4urisdiction to initiate proceedin(s or -a3e an in,uiry under the said sections in respect of certain acts alle(ed to ha)e 'een done 'y the appellants! the respondent can certainly 'e prohi'ited froproceedin( ith the sa-e. Ee! therefore! re4ect this preli-inary contention.:

$7) &n (iran Bedi ) Ors% )s. Committee of In*uiry ) 'nr% M1787N 1 S%R $@! decision! the follo in( hich is also a three Jud(e Aench conclusion in the penulti-ate

para(raph is rele)antH
90? "s re(ards points ())! ()i) and ()ii) suffice it to point out that the petitioners ha)e apart fro- filin( special lea)e petitions also filed rit petitions challen(in( the )ery sa-e orders and since e ha)e held that the action of the %o--ittee in holdin( that the petitioners ere not co)ered 36
Page 36

'y Section 8A of the "ct and co-pellin( the- to enter the itness 'o> on the dates in ,uestion as discri-inatory and the orders directin( co-plaint 'ein( filed a(ainst the petitioners ere ille(al! it is apparently a case in)ol)in( infrin(e-ent of "rticles 10 and $1 of the %onstitution. &n such a situation the po er of this %ourt to pass an appropriate order in e>ercise of its 4urisdiction under "rticles #$ and 10$ of the %onstitution cannot 'e seriously dou'ted particularly ha)in( re(ard to the special facts and circu-stances of this case. On the orders directin( filin( of co-plaints 'ein( held to 'e in)alid the conse,uential co-plaints and the proceedin(s thereon includin( the orders of the Ma(istrate issuin( su--ons cannot sur)i)e and it is in this )ie of the -atter that 'y our order dated 18th "u(ust! 1788 e ha)e ,uashed the-. "s re(ards the su'-ission that it as not a fit case for interference either under "rticle #$ or "rticle 1#= of the %onstitution inas-uch as it as still open to the petitioners to pro)e their innocence 'efore the Ma(istrate! suffice it to say that in the instant case if the petitioners are co-pelled to face prosecution in spite of the findin( that the orders directin( co-plaint to 'e filed a(ainst the- ere ille(al it ould o')iously cause pre4udice to the-. Points ())! ()i) and ()ii) are decided accordin(ly.:

&t is clear fro- the a'o)e decisions that if it is esta'lished that the proposed actions are not per-issi'le in)ol)in( infrin(e-ent of "rticles 10 and $1 of the %onstitution! this %ourt is ell ithin its po er to pass appropriate order in

e>ercise of its 4urisdiction under "rticles #$ and 10$ of the %onstitution. Further! if the petitioners are co-pelled to

face the pri)ile(e proceedin(s 'efore the Vidhan Sa'ha! it ould cause pre4udice to the-. Further! if the petitioners

are co-pelled to face the pri)ile(e -otion in spite of the fact

37
Page 37

that no proceedin(

as initiated a(ainst ;onD'le Spea3er or

Me-'ers of the ;ouse 'ut only relatin( to the officers in respect of contractual -atters! if ur(ent inter)ention is not sou(ht for 'y e>ercisin( e>traordinary 4urisdiction!

undou'tedly! it

ould cause pre4udice to the petitioners. e re4ect the preli-inary o'4ection raised rit

#@) "ccordin(ly!

'y the counsel for Respondent /o.0 and hold that petition under "rticle #$ is -aintaina'le.

#1) Eith the a'o)e factual 'ac3(round and the rele)ant statutory pro)isions! let us )7 &$-) !") ($% 0

#/5&$##$,-#. #$) /o ! Venu(opal. e ill consider the contentions raised 'y Mr.

"s -entioned earlier! Petitioner /o. 1 is the

2o3ayu3t appointed under the pro)isions of the 2o3ayu3ta "ct e>ercisin( po ers and functions as pro)ided under the "ct. &n the course of the perfor-ance of the said functions! the 2o3ayu3t Or(ani+ation recei)ed a co-plaint re(ardin( certain irre(ularities in the a ard of contracts. Petitioner

/os. 1 and $! therefore! conducted preli-inary in,uiry in the

38
Page 38

-atter and on findin( that a prima facie case under the Pre)ention of %orruption "ct as -ade out! the -atter as

referred to the SP1 esta'lished under the pro)isions of the M.P. Special Police 1sta'lish-ent "ct! 170? to 'e dealt further! and thereafter! a case ith

as re(istered 'y the said

1sta'lish-ent under the pro)isions of the Pre)ention of %orruption "ct! 1788. ##) "rticle 170(#) of the %onstitution pro)ides for pri)ile(es of the 2e(islati)e "sse-'ly and its -e-'ers underH
91<=. P,8)(#' 3($%$0)6)#' )!+' ,* L)6$#0 !/()# -1 ,* !") &)&5)(# !")(),* (1) ($) PPP PPP !") H,/#) ,* -1 +,&&$!!))#

hich reads as

(#) &n other respects! the po ers! pri)ile(es and i--unities of a ;ouse of the 2e(islature of a State! and of the -e-'ers and the co--ittees of a ;ouse of such 2e(islature! shall 'e such as -ay fro- ti-e to ti-e 'e defined 'y the 2e(islature 'y la ! and! until so defined! shall 'e those of that ;ouse and of its -e-'ers and co--ittees i--ediately 'efore the co-in( into force of Section $= of the %onstitution forty fourth "-end-ent "ct! 17?8.:

39
Page 39

#0) "rticle 170 is si-ilar to "rticle 1@< of the %onstitution! hich pro)ides for the pri)ile(es of Parlia-ent and its Me-'ers. The said "rticles pro)ide that the pri)ile(es

en4oyed 'y the le(islature shall 'e such as -ay fro- ti-e to ti-e 'e defined 'y the le(islature 'y la . &t is rele)ant to -ention that any la -ade 'y the Parlia-ent or the

le(islature is su'4ect to the discipline contained in Part &&& of the %onstitution. The pri)ile(es ha)e not 'een defined 'ut the a'o)e "rticle pro)ides that until the sa-e are so defined (i.e. 'y the le(islature 'y la )! they shall 'e those hich the

;ouse or its -e-'ers and co--ittees en4oyed i--ediately 'efore the co-in( into force of Section $= of the %onstitution Forty5fourth "-end-ent "ct! 17?8. #<) "s per %hapter J& of the KPractice and Procedure of Parlia-entD (Fifth edition)! 'y M./. Gaul and S.2. Sha3dher in interpretin( parlia-entary pri)ile(es at Pa(e $11 o'ser)edH
9Ore(ard -ust 'e had to the (eneral principle that the pri)ile(es of Parlia-ent are (ranted to -e-'ers in order that they -ay 'e a'le to perfor- their duties in Parlia-ent ithout let or hindrance. They apply to indi)idual -e-'ers only insofar as they are necessary in order that the ;ouse -ay freely perfor- its functions. They do not dischar(e the -e-'er fro- the o'li(ations to society 40
Page 40

hich apply to hi- as -uch and perhaps -ore closely in that capacity! as they apply to other su'4ects. Pri)ile(es of Parlia-ent do not place a Me-'er of parlia-ent on a footin( different fro- that of an ordinary citi+en in the -atter of the application of la s unless there are (ood and sufficient reasons in the interest of Parlia-ent itself to do so. The funda-ental principle is that all citi+ens! includin( -e-'ers of Parlia-ent! ha)e to 'e treated e,ually in the eye of the la . 6nless so specified in the %onstitution or in any la ! a -e-'er of Parlia-ent cannot clai- any pri)ile(es hi(her than those en4oyed 'y any ordinary citi+en in the -atter of the application of la .:

#=) &t is clear that in the -atter of the application of la s! particularly! the pro)isions of the 2o3ayu3t "ct and the Pre)ention of %orruption "ct! 1788! insofar as the 4urisdiction of the 2o3ayu3t or the Madhya Pradesh Special

1sta'lish-ent is concerned! all pu'lic ser)ants e>cept the Spea3er and the Deputy Spea3er of the Madhya Pradesh Vidhan Sa'ha for the purposes of the 2o3ayu3t "ct fall in the sa-e cate(ory and cannot clai- any pri)ile(e -ore than an ordinary citi+en to apply. &n other ho- the pro)isions of the said "cts ords! the pri)ile(es are a)aila'le only

insofar as they are necessary in order that the ;ouse -ay freely perfor- its functions 'ut do not e>tend to the acti)ities underta3en outside the ;ouse on hich the

41
Page 41

le(islati)e

pro)isions

ould

apply

ithout

any

differentiations. &n )ie

of the a'o)e!

e re4ect the contra

ar(u-ent -ade 'y Mr. %.D. Sin(h. #?) "s ri(htly su'-itted 'y Mr. G.G. Venu(opal! in &ndia! there is rule of la and not of -en and! thus! there is hich do not ould

pri-acy of the la s enacted 'y the le(islature discri-inate 'et een persons to apply. The la s la

ho- such la s

ould apply to all such persons unless the

itself -a3es an e>ception on a )alid classification. /o

indi)idual can clai- pri)ile(e a(ainst the application of la s and for lia'ilities fastened on co--ission of a prohi'ited "ct. #8) &n respect of the scope of the pri)ile(es en4oyed 'y the Me-'ers! the then Spea3er Ma)alan3ar! hile addressin(

the conference of the Presidin( Officers at Ra43ot! on @#.@1.17<<! o'ser)edH

9The si-ply reply to this is that those pri)ile(es hich are e>tended 'y the %onstitution to the le(islature! its -e-'ers! etc. are e,uated ith the pri)ile(es of the ;ouse of %o--ons in 1n(land. &t has to 'e noted here that the ;ouse of %o--ons does not allo the creation of any pri)ile(esL and only such pri)ile(es are reco(ni+ed as ha)e e>isted 'y lon( ti-e custo-.:

42
Page 42

#7) The scope of the pri)ile(es en4oyed depends upon the need for pri)ile(es! i.e.! hy they ha)e 'een pro)ided for.

The 'asic pre-ise for the pri)ile(es en4oyed 'y the -e-'ers is to allo the- to perfor- their functions as -e-'ers and

no hindrance is caused to the functionin( of the ;ouse. %o--ittee of Pri)ile(es of the Tenth 2o3 Sa'ha! noted the -ain ar(u-ents that ha)e 'een ad)anced in fa)our of codification! so-e of hich are as follo sH

9(i) Parlia-entary pri)ile(es are intended to 'e en4oyed on 'ehalf of the people! in their interests and not a(ainst the people opposed to their interestsL PPP PPP PPP

(iii) the concept of pri)ile(es for any class of people is anarchronistic in a de-ocratic society and! therefore! if any! these pri)ile(es should 'e the 'arest -ini-u- . only those necessary for functional purposes . and in)aria'ly defined in clear and precise ter-sL (i)) so)erei(nty of Parlia-ent has increasin(ly 'eco-e a -yth and a fallacy for! so)erei(nty! if any! )ests only in the people of &ndia ho e>ercise it at the ti-e of (eneral elections to the 2o3 Sa'ha and to the State "sse-'liesL ()) in a syste- edded to freedo- and de-ocracy . rule of la ! ri(hts of the indi)idual! independent 4udiciary and constitutional (o)ern-ent . it is only fair that the funda-ental ri(hts of the citi+ens enshrined in the %onstitution should ha)e pri-acy o)er any pri)ile(es or special ri(hts of any class of people! includin( the elected le(islators! and that all such clai-s should 'e su'4ect to 4udicial scrutiny! for situations -ay arise here the ri(hts of the people -ay ha)e to 'e protected e)en a(ainst the

43
Page 43

Parlia-ent or a(ainst capti)e or capricious parlia-entary -a4orities of the -o-entL ()i) the %onstitution specifically en)isa(ed pri)ile(es of the ;ouses of parlia-ent and State 2e(islatures and their -e-'ers and co--ittees 'ein( defined 'y la 'y the respecti)e le(islatures and as such the %onstitution5 -a3ers definitely intended these pri)ile(es 'ein( su'4ect to the funda-ental ri(hts! pro)isions of the %onstitution and the 4urisdiction of the courtsL PPP PPP PPP

()iii) in any case! there is no ,uestion of any fresh pri)ile(es 'ein( added inas-uch as (a) under the %onstitution! e)en at present! parlia-entary pri)ile(es in &ndia continue in actual practice to 'e (o)erned 'y the precedents of the ;ouse of %o--ons as they e>isted on the day our %onstitution ca-e into forceL and (') in the ;ouse of %o--ons itself! creation of ne pri)ile(es is not allo ed.:

0@) The %o--ittee also noted the -ain ar(u-ents a(ainst codification. "r(u-ent no. ()ii) is as underH
9()ii) The 'asic la that all citi+ens should 'e treated e,ually 'efore the la holds (ood in the case of -e-'ers of Parlia-ent as ell. They ha)e the sa-e ri(hts and li'erties as ordinary citi+ens e>cept hen they perfortheir duties in the Parlia-ent. The pri)ile(es! therefore! do not! in any ay! e>e-pt -e-'ers fro- their nor-al o'li(ation to society hich apply to the- as -uch and! perhaps! -ore closely in that as they apply to others.:

01) &t is clear that the 'asic concept is that the pri)ile(es are those ri(hts ithout hich the ;ouse cannot perfor- its

le(islati)e functions. They do not e>e-pt the Me-'ers frotheir o'li(ations under any statute to the- li3e any other la hich continue to apply

applica'le to ordinary citi+ens.

44
Page 44

Thus! en,uiry or in)esti(ation into an alle(ation of corruption a(ainst so-e officers of the 2e(islati)e "sse-'ly cannot 'e said to interfere "sse-'ly. prosecution. 0$) "ccordin( to 1rs3ine May! the pri)ile(e of freedo- froarrest has ne)er 'een allo ed to interfere ith the ith the le(islati)e functions of the

/o one en4oys any pri)ile(e a(ainst cri-inal

ad-inistration of cri-inal 4ustice or e-er(ency le(islation. Thus! in any case! there cannot 'e any pri)ile(e a(ainst conduct of in)esti(ation for a cri-inal offence. There is a

pro)ision that in case a -e-'er is arrested or detained! the ;ouse ou(ht to 'e infor-ed a'out the sa-e. 0#) Eith re(ard to 9Statutory detention:! it has 'een stated! thusH
9The detention of a -e-'er under Re(ulation 18A of the Defence (Beneral)! Re(ulation 17#7! -ade under the 1-er(ency Po ers (Defence) "cts 17#7 and 170@! led to the co--ittee of pri)ile(es 'ein( directed to consider hether such detention constituted a 'reach of Pri)ile(e of the ;ouseL the co--ittee reported that there as no 'reach of pri)ile(e in)ol)ed. &n the case of a -e-'er deported fro- /orthern Rhodesia for non5co-pliance ith an order declarin( hi- to 'e prohi'ited i--i(rant! the spea3er held that there as no pri-a5facie case of 'reach of pri)ile(e. 45
Page 45

The detention of -e-'ers in &reland in 1718 and 17$$ under the Defence of the Real- Re(ulations and the %i)il "uthorities (Special Po ers) "ct! the spea3er ha)in( 'een infor-ed 'y respecti)ely the %hief Secretary of the 2ord 2ieutenant and the secretary to the /orthern &reland %a'inet! as co--unicated 'y hi- to the ;ouse.:

00) The

co--ittee

for

Pri)ile(es

of

the

2ords

has

considered the effect of the po ers of detention under the Mental ;ealth "ct! 178# on the pri)ile(es of freedo- froarrest referred to in Standin( Order /o. ?7 that Kno 2ord of Parlia-ent is to 'e i-prisoned or restrained ithout

sentence or order of the ;ouse unless upon a cri-inal char(e or refusin( to (i)e security for the peaceD. The

%o--ittee accepted the ad)ice of 2ord Diploc3 and other 2a 2ords that the pro)isions of the statute ould pre)ail

a(ainst any e>istin( pri)ile(e of Parlia-ent or of peera(e. 0<) &n +aja +am Pal )s. on,ble Spea-er, Lo- Sabha

and Others! ($@@?) # S%% 180! this %ourt o'ser)edH

4?1. &n U.P. Assembly case (Special Reference No. 1 of 1964)! hile dealin( ith ,uestions relatin( to po ers! pri)ile(es and i--unities of the State 2e(islatures! it as o'ser)ed as underH 9 !. O Parlia-entary pri)ile(e! accordin( to May! is the su- of the peculiar ri(hts en4oyed 'y each ;ouse collecti)ely as a constituent part of the ;i(h %ourt of Parlia-ent! and 'y Me-'ers of each ;ouse indi)idually! ithout hich they could not dischar(e their functions! 46
Page 46

and hich e>ceed those possessed 'y other 'odies or indi)iduals. Thus! pri)ile(e! thou(h part of the la of the land! is to a certain e>tent an e>e-ption fro- the ordinary la . The particular pri)ile(es of the ;ouse of %o--ons ha)e 'een defined as Kthe su- of the funda-ental ri(hts of the ;ouse and of its indi)idual Me-'ers as a(ainst the prero(ati)es of the %ro n! the authority of the ordinary courts of la and the special ri(hts of the ;ouse of 2ordsD. O O. The pri)ile(es of Parlia-ent are ri(hts hich are Ka'solutely necessary for the due e>ecution of its po ersD. They are en4oyed 'y indi)idual Me-'ers! 'ecause the ;ouse cannot perfor- its functions ithout uni-peded use of the ser)ices of its Me-'ersL and 'y each ;ouse for the protection of its Me-'ers and the )indication of its o n authority and di(nity (MayDs Parliamentary Practice! pp. 0$50#).: The pri)ile(e of freedo- fro- arrest has ne)er 'een allo ed to interfere ith the ad-inistration of cri-inal 4ustice or e-er(ency le(islation. >7. &n U.P. Assembly case (Special Reference No. 1 of 1964) it as settled 'y this %ourt that a 'road clai- that all the po ers en4oyed 'y the ;ouse of %o--ons at the co--ence-ent of the %onstitution of &ndia )est in an &ndian 2e(islature cannot 'e accepted in its entirety 'ecause there are so-e po ers hich cannot o')iously 'e so clai-ed. &n this conte>t! the follo in( o'ser)ations appearin( at S%R p. 008 of the 4ud(-ent should sufficeH ("&R p. ?=0! para 0<) 9Ta3e the pri)ile(e of freedo- of access hich is e>ercised 'y the ;ouse of %o--ons as a 'ody and throu(h its Spea3er Kto ha)e at all ti-es the ri(ht to petition! counsel! or re-onstrate ith their So)erei(n throu(h their chosen representati)e and ha)e a fa)oura'le construction placed on his ords as 4ustly re(arded 'y the %o--ons as funda-ental pri)ile(eD MSir 1rs3ine MayDs Parliamentary Practice! (1=th 1dn.)! p. 8=N. &t is hardly necessary to point out that the ;ouse cannot clai- this pri)ile(e. Si-ilarly! the pri)ile(e to pass acts of attainder and i-peach-ents cannot 'e clai-ed 'y the ;ouse. The ;ouse of %o--ons also clai-s the pri)ile(e in re(ard to its o n %onstitution. 47
Page 47

This pri)ile(e is e>pressed in three ays! first 'y the order of ne rits to fill )acancies that arise in the %o--ons in the course of a Parlia-entL secondly! 'y the trial of contro)erted electionsL and thirdly! 'y deter-inin( the ,ualifications of its -e-'ers in cases of dou't (MayDs Parliamentary Practice! p. 1?<). This pri)ile(e a(ain! ad-ittedly! cannot 'e clai-ed 'y the ;ouse. Therefore! it ould not 'e correct to say that all po ers and pri)ile(es hich ere possessed 'y the ;ouse of %o--ons at the rele)ant ti-e can 'e clai-ed 'y the ;ouse.: 1<?. The de'ate on the su'4ect too3 the learned counsel to the interpretation and e>position of la of Parlia-ent as is found in the -a>i- le" et consuetu#o parliamenti as the )ery e>istence of a parlia-entary pri)ile(e is a su'stanti)e issue of parlia-entary la and not a ,uestion of -ere procedure and practice.:

0=) &n '% (unjan .adar )s. The State! "&R 17<< Tra)ancore5%ochin 1<0! the ;i(h %ourt the scope of pri)ile(es under "rticle hile dealin( 170(#) of ith the

%onstitution held as underH5

9(#) "rticle 170(#) deals ith the po ers! pri)ile(es and i--unities of the 2e(islature and their -e-'ers in Part " states and "rticle $#8 -a3es those po ers! pri)ile(es and i--unities a)aila'le to le(islatures and its -e-'ers in the Part A states as ell. "rticle 170(#) deals ith the pri)ile(es and i--unities a)aila'le to the petitioner in a -atter li3e this and they are accordin( to that clause 9such as -ay ti-e to ti-e 'e defined 'y the le(islature 'y la : and until so defined! those of a -e-'er of the ;ouse of %o--ons of the Parlia-ent of the 6nited Gin(do- at the co--ence-ent of the constitution. (0) "s stated 'efore! there is no statutory pro)ision (rantin( the pri)ile(e or i--unity in)o3ed 'y the petitioner and it is clear fro- MayDs Parlia-entary Practice

48
Page 48

1<th 1dn. 17<@! p. ?8 that 9the pri)ile(e fro- freedo- froarrest is not clai-ed in respect of cri-inal offences or statutory detention: and that the said freedo- is li-ited to ci)il clauses! and has not 'een allo ed to interfere ith the ad-inistration of cri-inal 4ustice or e-er(ency le(islation. J>>> >>>> >>>> (8) OO So lon( as the detention is le(al . and in this case there is no dispute a'out its le(ality . the dan(er of the petitioner losin( his seat or the certainty of losin( his daily allo ance cannot possi'ly for- the foundation for relief a(ainst the nor-al or possi'le conse,uences of such detention.:

0?) &n Dasaratha De' case (17<$)! the %o--ittee of Pri)ile(es5Parlia-ent Secretariat Pu'lication! July 17<$! inter alia$ held that the arrest of a Me-'er of Parlia-ent in the course of ad-inistration of cri-inal 4ustice did not constitute a 'reach of pri)ile(e of the ;ouse. 08) On $0.1$.17=7! a ,uestion of pri)ile(e as raised in the hile they The

2o3 Sa'ha re(ardin( arrests of so-e -e-'ers ere stated to 'e on their

ay to attend the ;ouse.

%hair ruled that since the -e-'ers

ere arrested under the

pro)isions of the &ndian Penal %ode and had pleaded (uilty! no ,uestion of pri)ile(e as in)ol)ed.

07) &n order to constitute a 'reach of pri)ile(e! ho e)er! a li'el upon a Me-'er of Parlia-ent -ust concern his

49
Page 49

character or conduct in his capacity as a -e-'er of the ;ouse and -ust 'e 9'ased on -atters arisin( in the actual transaction of the 'usiness of the ;ouse.: Reflections upon -e-'ers other ise than in their capacity as -e-'ers do not! therefore! in)ol)e any 'reach of pri)ile(e or conte-pt of the ;ouse. Si-ilarly! speeches or ritin(s containin( )a(ue

char(es a(ainst -e-'ers of critici+in( their parlia-entary conduct in a stron( lan(ua(e! particularly! in the heat of a pu'lic contro)ersy! fi#es ithout! ho e)er! i-putin( any mala

ere not treated 'y the ;ouse as a conte-pt or 'reach

of pri)ile(e. <@) Si-ilarly! the pri)ile(e a(ainst assault or -olestation is a)aila'le to a -e-'er only ay -olested the Parlia-ent. hile they hen he is o'structed or in any

hile dischar(in( his duties as a Me-'er of &n cases hen -e-'ers ere assaulted

ere not perfor-in( any parlia-entary duty it

as held that no 'reach of pri)ile(e or conte-pt of the ;ouse had 'een co--itted.

50
Page 50

<1) Successi)e Spea3ers ha)e! ho e)er! held that an assault on or -is'eha)iour his parlia-entary ith a -e-'er unconnected ith

or3 or -ere discourtesy 'y the police

officers are not -atters of pri)ile(e and such co-plaints should 'e referred 'y -e-'ers to the Ministers directly. <$) 0<th Report of the %o--ittee of Pri)ile(es of the Ra4ya Sa'ha dated #@th /o)e-'er! $@@@ stated as underH
9=. The issue for e>a-ination 'efore the %o--ittee is hether %RPF personnel posted at Ra4 Aha an in %hennai co--itted a 'reach of pri)ile(e a)aila'le to Me-'ers of Parlia-ent 'y pre)entin( Shri Muthu Mani fro- -eetin( the Bo)ernor in connection ith presentation of a -e-orandu-. ?. The %o--ittee notes that pri)ile(es are a)aila'le to Me-'er of Parlia-ent so that they can perfor- their parlia-entary duties ithout let or hindrance. Shri Muthu Mani had (one to the residence of Bo)ernor for presentation of a -e-orandu- in connection ith party acti)ities. Aefore Shri Muthu Mani reached there! t o dele(ations of his party had 'een allo ed to -eet the Bo)ernor. &t appears that due to security related ad-inistrati)e reasons the entry of another dele(ation of hich Shri Muthu Mani as a Me-'er! as denied 'y the Police officers. Since Shri Muthu Mani as present in connection ith the pro(ra--e of his political party! apparently alon( ith other party or3ers! it cannot 'e said that he as in any ay perfor-in( a parlia-entary duty. "s such pre)entin( his entry 'y la ful -eans cannot 'e dee-ed to constitute a 'reach of his parlia-entary pri)ile(e.:

<#) /o !

ith re(ard to the contention of Mr. Venu(opal!

)i+.! a'out the pri)ile(es a)aila'le to the "sse-'ly and its

51
Page 51

Me-'ers! in case of arrest of e-ployees of the 2e(islature Secretariat ithin the precincts of the ;ouse! the Spea3er of

the Gerala 2e(islati)e "sse-'ly! disallo in( the ,uestion of pri)ile(e! ruled that the prohi'ition a(ainst -a3in( arrest! ithout o'tainin( the per-ission of the Spea3er! fro- the precincts of the ;ouse is applica'le only to the -e-'ers of the "sse-'ly. ;e o'ser)ed that it is not possi'le! nor is it desira'le to e>tend this pri)ile(e to persons other than the -e-'ers! since it unnecessary ould ha)e the effect of puttin( in the due

restrictions and i-pedi-ents

process of la . <0) The officers or3in( under the office of the Spea3er are ithin the -eanin( of Section $(() of ithin the -eanin( of Section $ (c) of

also pu'lic ser)ants the 2o3ayu3t "ct and

the Pre)ention of %orruption "ct! 1788 and! therefore! the 2o3ayu3t and his officers are entitled and duty 'ound to -a3e in,uiry and in)esti(ation into the alle(ations -ade in any co-plaint filed 'efore the-.

52
Page 52

<<) The la

applies e,ually and there is no pri)ile(e

hich

prohi'its action of re(istration of a case 'y an authority that has 'een e-po ered 'y the le(islature to in)esti(ate the cases relatin( to corruption and 'rin( the offenders to 'oo3. Si-ply 'ecause the officers happen to 'elon( to the office of the ;onD'le Spea3er of the 2e(islati)e "sse-'ly! the pro)isions of the 2o3ayu3t "ct do not cease to apply to the-. The la does not -a3e any differentiation and ith e,ual )i(our. "s such! the initiation of

applies to all

action does not and cannot a-ount to a 'reach of pri)ile(e of the 2e(islati)e "sse-'ly! hich has itself conferred

po ers in the for- of a statute to eradicate the -enace of corruption. &t is! thus! clear that! no pri)ile(e is a)aila'le to the 2e(islati)e "sse-'ly to (i)e i--unity to the- a(ainst the operation of la s. <=) &n the present -atter! the petitioners ha)e not -ade any in,uiry e)en a(ainst the -e-'ers of the 2e(islati)e "sse-'ly or the Spea3er or a'out their conduct and! therefore! the co-plaints -ade a(ainst the petitioners 'y so-e of the -e-'ers of the 2e(islati)e "sse-'ly ere
53
Page 53

co-pletely uncalled for! ille(al and unconstitutional.

The

Spea3er has no 4urisdiction to entertain any such co-plaint! hich is not e)en -aintaina'le. <?) Thus! it is a-ply clear that the "sse-'ly does not en4oy any pri)ile(e of a nature that -ay ha)e the effect of restrainin( any in,uiry or in)esti(ation a(ainst the Secretary or the Deputy Secretary of the 2e(islati)e "sse-'ly. <8) Thus! fro- the a'o)e! it is clear that neither did the ;ouse of %o--ons en4oy any pri)ile(e! at the ti-e of the co--ence-ent of the %onstitution! of a nature that -ay ha)e the effect of restrainin( any in,uiry or in)esti(ation a(ainst the Secretary or the Deputy Secretary of the 2e(islati)e "sse-'ly or for that -atter a(ainst the -e-'er of the 2e(islati)e "sse-'ly or a -inister in the e>ecuti)e (o)ern-ent nor does the Parlia-ent or the 2e(islati)e "sse-'ly of the State or its -e-'ers. e,ually and there is no pri)ile(e The la s apply

hich prohi'its action of hich has 'een

re(istration of a case 'y an authority

e-po ered 'y the le(islature to in)esti(ate the cases.

54
Page 54

Si-ply 'ecause the officers 'elon( to the office of the ;onD'le Spea3er of the 2e(islati)e "sse-'ly! the pro)isions of the "ct do not cease to apply to the-. The la -a3e any differentiation and applies to all does not

ith e,ual )i(our.

"s such! the initiation of action does not and cannot a-ount to a 'reach of pri)ile(e of the 2e(islati)e "sse-'ly! hich

has itself conferred po ers in the for- of a Statute to eradicate the -enace of corruption. <7) The petitioners cannot! hile actin( under the said

statute! 'e said to ha)e lo ered the di(nity of the )ery "sse-'ly petitioners. hich has conferred the po er upon the

The authority to act has 'een conferred upon

the petitioners under the "ct 'y the 2e(islati)e "sse-'ly itself and! therefore! the action ta3en 'y the petitioners under the said "ct cannot constitute a 'reach of pri)ile(e of that 2e(islati)e "sse-'ly. =@) Ay carryin( out in)esti(ation on a co-plaint recei)ed! the petitioners -erely perfor-ed their statutory duty and did not in any ay affect the pri)ile(es hich ere 'ein(

55
Page 55

en4oyed 'y the "sse-'ly and its -e-'ers. The action of the petitioners did not interfere in the or3in( of the ;ouse and

as such there are no (rounds for issuin( a notice for the 'reach of Pri)ile(e of the 2e(islati)e "sse-'ly. =1) "lso! in ter-s of the pro)isions of Section 11($) of the 2o3ayu3t "ct! any proceedin( 'efore the 2o3ayu3t shall 'e dee-ed to 'e a 4udicial proceedin( ithin the -eanin( of

Sections 17# and $$8 of the &ndian Penal %ode and as per Section 11(#)! the 2o3ayu3t is dee-ed to 'e a court the -eanin( of %onte-pt of %ourts "ct! 17?1. petitioners ha)e -erely -ade in,uiry ithin The

ithin the scope of the

pro)isions of the "ct and ha)e not done anythin( a(ainst the Spea3er personally. The officers or3in( under the office of ithin the -eanin( of

the Spea3er are also pu'lic ser)ants

Section $(() of the 2o3ayu3t "ct and! therefore! the 2o3ayu3t and his officers ere entitled and duty 'ound to carry out

in)esti(ation and in,uiry into the alle(ations -ade in the co-plaint filed 'efore the- and -erely 'ecause the petitioners! after scrutini+in( the rele)ant records! found the alle(ations prima facie pro)ed! 4ustifyin( detailed
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in)esti(ation 'y the Special Police 1sta'lish-ent under the Pre)ention of %orruption "ct! and the perfor-ance of duty 'y the petitioners in no ay affects any of the pri)ile(es

e)en re-otely en4oyed 'y the "sse-'ly or its Me-'ers. =$) &n the present -atter! the petitioners ha)e not -ade any in,uiry a(ainst any -e-'er of the 2e(islati)e "sse-'ly or the Spea3er or a'out their conduct and! therefore! the co-plaints -ade a(ainst the petitioners 'y so-e of the -e-'ers of 2e(islati)e "sse-'ly for! ille(al and unconstitutional. =#) Further! the alle(ations -ade in the co-plaint sho that hile dealin( ith the first co-plaint (1.R. 1$?C@<)! the as no -aterial to proceed ere co-pletely uncalled

2o3ayu3t found that there

further and closed that -atter since the alle(ations alle(ed ere not esta'lished. Ehile in,uirin( into the second

co-plaint since the 2o3ayu3t found that the alle(ations -ade in the co-plaint ere prima facie pro)ed! SP1 ith la . as

directed to proceed further in accordance

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=0) On 'ehalf of the petitioners! it is pointed out that the facts and circu-stances in the present -atter sho that

co-plaints ha)e 'een filed 'y the Me-'ers not in their interest 'ut for the 'enefit of the persons in)ol)ed ho all

are pu'lic ser)ants. &t is also pointed out that the action of 'reach of pri)ile(e has 'een instituted a(ainst the

petitioners since the officers! a(ainst

ho- the in)esti(ation

has 'een launched! 'elon( to the Vidhan Sa'ha Secretariat. =<) Ee are of the )ie that the action 'ein( in)esti(ated ith the proceedin(s of

'y the petitioners has nothin( to do

the ;ouse and as such the said action cannot constitute any 'reach of pri)ile(e of the ;ouse or its -e-'ers. ==) &t is -ade clear that pri)ile(es are a)aila'le only insofar as they are necessary in order that ;ouse -ay freely perforits functions. For the application of la s!

particularly! the pro)isions of the 2o3ayu3t "ct! and the Pre)ention of %orruption "ct! 1788! the 4urisdiction of the 2o3ayu3t or the Madhya Pradesh Special Police

1sta'lish-ent is for all pu'lic ser)ants (e>cept the Spea3er

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and the Deputy Spea3er of the Madhya Pradesh Vidhan Sa'ha for the purposes of the 2o3ayu3t "ct) and no pri)ile(e is a)aila'le to the officials and! in any case! they cannot clai- any pri)ile(e -ore than an ordinary citi+en to the pro)isions of the said "cts apply. ho-

Pri)ile(es do not

e>tend to the acti)ities underta3en outside the ;ouse on hich the le(islati)e pro)isions differentiation. =?) &n the present case! the action ta3en 'y the petitioners is ithin the po ers conferred under the a'o)e statutes and! ould apply ithout any

therefore! the action ta3en 'y the petitioners is le(al. Further! initiation of action for le(ally e-po ered! cannot hich the petitioners are 'reach of any

constitute

pri)ile(e. =8) 6nder the pro)isions of Section #7(1)(iii) of the %ode of %ri-inal Procedure! 17?#! e)ery person co--ission of an offence under ho is a are of the the Pre)ention of

%orruption "ct is duty 'ound to (i)e an infor-ation a)aila'le ith hi- to the police. &n other ords! e)ery citi+en ho has

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3no led(e of the co--ission of a co(ni+a'le offence has a duty to lay infor-ation 'efore the police and to cooperate ith the in)esti(atin( officer e)idence. =7) &n the li(ht of the a'o)e discussion and conclusion! the i-pu(ned lettersCnotices are ,uashed and the allo ed as prayed for. /o order as to costs. rit petition is ho is en4oined to collect the

OOO.OOOOOOOOOO%J&. (P. SATHASIVAM)

OOOO.OOOOOOOOOOJ. (RANJAN GOGOI)

OOOO.OOOOOOOOOOJ. (SHIVA @IRTI SINGH) /1E D12;&L F1AR6"RQ $<! $@10.

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