The Apex Court has stayed the summons issued by the Lok Sabha Secretariat’s Committee of Privileges upon the Superintendent of Police, Deogarh, to appear before the court regarding a complaint filed by a BJP MP from Jharkhand.
A complaint has been lodged by Nishikant Dubey, a BJP Lok Sabha MP before the Committee of Privileges asserting that he and his family are being made victims to a conspiracy to defame them by means of implicating him and his family in fallacious criminal cases as to cause hindrance to his functioning as a lawmaker.
A two judges’ bench of Justices Hemant Gupta and L. Nageshwara Rao observed in the order, “Issue notice, returnable in four weeks. There shall be a stay of further proceedings pursuant to the notice dated July 16, and the office memorandum dated August 28.”
The plea has urged the hon’ble Supreme Court to declare the action of the Lok Sabha ‘s Committee of Privileges as “illegal” and “unconstitutional”. The Court has issued notices and sought responses from the Lok Sabha Secretariat. The plea stated, “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 Committee of Privileges’ notice said: “Oral evidence of Shri Piyush Pandey, Superintendent of Police, Deogarh, on the notice of breach of privilege dated 16 July, 2020 given by Dr. Nishikant Dubey, MP against some officials of Govt. of Jharkhand for allegedly conspiring to defame him and for misusing Government machinery for implicating him and his family members in false cases with intention to cause hindrance in his parliamentary work and dut