New Delhi: The Supreme Court on Monday, February 19, 2024, granted interim relief to the West Bengal government by staying the notice of the Privilege Committee of the Lok Sabha to five senior officers of the state in connection with the Sandeshkhali case. The case involves allegations of misbehavior and brutality by the police and security forces against BJP MP Sukant Majumdar and violation of his privileges as an MP.
Arguments of the West Bengal government
The West Bengal government challenged the notice of the Privilege Committee in the Supreme Court, contending that it was illegal and unconstitutional. The notice had asked the Chief Secretary, the Director General of Police, the District Magistrate of North 24 Parganas, the Superintendent of Police and the Additional Superintendent of Police of Basirhat to appear before the committee on February 19 and explain their conduct.
The state government was represented by senior lawyers Kapil Sibal and Abhishek Manu Singhvi, who argued that the Privilege Committee had no jurisdiction to summon the officers, as they were not present at the spot where the alleged incident took place. They also argued that the incident occurred in Sandeshkhali, which was under section 144 of the CrPC, prohibiting any political activity. Therefore, the MP’s claim of privilege violation was baseless, as he had violated the law himself.
Sibal and Singhvi cited a similar case from Jharkhand, where the Supreme Court had quashed the notice of the Privilege Committee to the state officers on the ground that it was beyond the scope of the committee’s powers.
Order of the Supreme Court
The bench of Chief Justice DY Chandrachud, after hearing the arguments of the West Bengal government, stayed the notice of the Privilege Committee till the next hearing. The court also issued a notice to the Lok Sabha Secretariat, seeking its response within four weeks. The court said that it would examine the validity and legality of the notice and the jurisdiction of the Privilege Committee in this matter.
What is the Sandeshkhali case?
The Sandeshkhali case refers to the allegations of BJP MP Sukant Majumdar, who is also the president of the Bengal BJP unit, against the police and security forces in the Mamata Banerjee government. Majumdar had written a letter to the Privileges Committee, accusing them of misbehavior and brutality with him and causing fatal injuries, when he had gone to Sandeshkhali in North 24 Parganas district on February 15, 2024, to meet the victims of alleged sexual exploitation and land grabbing by a local TMC leader and his associates.
Majumdar had claimed that he had the permission of the District Magistrate to visit Sandeshkhali, but he was stopped and attacked by the police and security forces, who also damaged his vehicle and snatched his mobile phone. He had alleged that his privileges as an MP were violated and his life was endangered by the state authorities.
The Privileges Committee of the Lok Sabha had taken cognizance of Majumdar’s complaint and issued a notice to the five officers of the West Bengal government, asking them to appear before the committee and explain their conduct.
What are the allegations against the TMC leader in Sandeshkhali?
Sandeshkhali, a village in North 24 Parganas district of West Bengal, has been in the news for the past few months, due to the allegations of sexual exploitation and illegal occupation of land by a local TMC leader, Shahjahan Sheikh, and his close associates, Shibu Hazara and Uttam Sarkar. Several women of the village have accused them of raping, molesting and torturing them, and also taking over their fish farming land by force and intimidation.
The women have been protesting against the TMC leader and his men, demanding their arrest and justice. They have also alleged that the police and the administration have been shielding the culprits and harassing the victims. They have claimed that the TMC leader and his associates have also involved minor children in their crimes, by giving them weapons and liquor.
The state government, however, has denied the allegations and said that the matter is under investigation. The government has also accused the BJP of politicizing the issue and creating unrest in the area.
