Supreme Court on Monday, stayed the Lok Sabha secretariat’s “breach of privilege” initiative against Bengal chief secretary B.P. Gopalika, DGP Rajeev Kumar and three other officials in the wake of the complaint of BJP MP and state unit chief Sukanta Majumdar, who had alleged that he was assaulted by the state police during a protest programme on February 13 in connection with the Sandeshkhali unrest.

A bench headed by Chief Justice of India D.Y. Chandrachud stayed the office memorandum issued by the Lok Sabha secretariat on February 15 which directed the personal presence of the officials on February 19.

The state had rushed to the top court for an “urgent stay” while challenging the move of the secretariat as “arbitrary” and had added that officers who had acted with “utmost integrity” were being treated as “perpetrators,” in a petition filed through the state’s standing counsel Astha Sharma.

The bench, which included Justice J.B. Pardiwala and Manoj Misra, issued notices to the respondents — BJP leader Majumdar; Lok Sabha secretariat (privileges and ethics branch); committee of privileges, Lok Sabha; department of personnel and training, ministry of personnel, public grievances and pensions; and ministry of home affairs, while posting the matter for further hearing to March 6.

CJI Chandrachud's written order came after hearing senior advocates Kapil Sibal and Abhishek Manu Singhvi for Bengal and Devashish Bharuka for the Lok Sabha Secretariats privileges and ethics branch.

Sibal argued that by no stretch of imagination can any protest programme in violation of the prohibitory orders issued by the state be claimed as a breach of privileges. He was supported by Singhvi, who said such protest programmes can never be considered as privileges by a legislator.

"Privilege is not available when you are not performing any parliamentary duties. It is not available for political activity. You (Majumdar) go there to violate a 144 (CrPc) order and then you complain it is a breach of privilege!” Sibal argued.

Accusing Majumdar of filing a false case against the police officers, Sibal said as many as 38 police officers of the state were injured in the ensuing violence which included eight lady cops.

Further, he said there were video recordings of various news channels which according to him showed that it was a BJP woman activist who had pushed Majumdar resulting in the latter falling from the jeep, following which he was taken to the hospital by police personnel present at the spot.

Senior advocate Bharuka appearing for the secretariat said the complaint of Majumdar was referred to the privileges committee as per rules by the Speaker.

He said the government officials concerned had been summoned only to record the evidence and ascertain the facts. Bharuka clarified that the officials had not been summoned as “accused".

The bench after hearing the arguments proceeded to stay the memorandums.

The present petition had been filed by Bengal assailing the legality and validity of the memorandums dated February 15 issued by the Lok Sabha Secretariat (privileges and ethics branch), directing the five officials to appear before the Parliamentary Committee of Privileges (COP) for oral evidence on February 19 at 10.30am.

The petition filed through Bengal's standing counsel Astha Sharma said the officials concerned had conducted themselves with the utmost integrity and followed all due procedures while discharging their respective duties. However, on Majumdar’s complaint, the officials and district administration of Basirhat, North 24-Parganas district of Bengal, “are being treated as the perpetrators, causing grave prejudice to them in discharging their day-to-day functions".

According to the state, despite the prohibitory orders under Section 144 of the CrPC being imposed on February 13, the BJP MP and workers defied police and resorted to violence in trying to enter Sandeshkhali.

In the ensuing melee, Majumdar was pushed down his vehicle by one of the BJP women activists which could be verified from the video cameras that had been captured by various news channels.

In his complaint to the privileges committee, Majumdar had alleged that during a sit-in demonstration outside the office of the superintendent of police at Basirhat in North 24-Parganas district on February 13, he was detained by the state police.

He had also alleged that the state police misbehaved with the women workers of the BJP present there.

It was further alleged that the next day, Fenruary 14, Majumdar was performing Saraswati Puja near Sandeshkhali but the police charged the group with lathis.

During the said altercation, Majumdar who was on top of a vehicle lost his control and fell, resulting in injuries and loss of consciousness.

However, it was alleged that no timely medical assistance had been rendered to him by the police.