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Justice Ripusudan Dayal (Retired) and Others v. State of Madhya Pradesh and Others

Writ Petition (Civil) · Neutral citation not assigned (Writ Petition (Civil) No. 613 of 2007)Decided 25 Feb 2014
Writ Petition (Civil) No. 613 of 2007
Chief Justice P. Sathasivam · Justice Ranjan Gogoi · Justice Shiva Kirti Singh

Background

The Madhya Pradesh Lokayukt and investigating officers examined alleged irregularities in construction work connected with the Legislative Assembly premises. After a criminal case was registered against Assembly-secretariat and project officials and contractors, legislators complained of breach of privilege. The investigators challenged the notices demanding their explanations.

Decision Breakdown

The Court quashed the privilege notices and allowed the petition. The investigators had acted within their statutory powers, and the inquiry concerned construction administration rather than proceedings or duties of the House. Secretariat officials were public servants subject to the anti-corruption laws; their connection with the Speaker's office did not create immunity. No inquiry had been directed against the Speaker or members' legislative conduct. Privilege existed to protect the House's functioning and could not be used here to obstruct a lawful criminal investigation.

Lesson Learnt

Working for a legislative secretariat does not shield an official from an authorised corruption investigation. Legislative privilege protects legislative functioning rather than unrelated administrative activities merely connected with Assembly premises.

Official source (sci.gov.in)View Judgment (PDF)

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