Case: Justice Ripusudan Dayal (Retd.) &amp; Others Vs. State of M.P. &amp; Others

restraining any inquiry or investigation against the Secretary or the Deputy Secretary of the Legislative Assembly or for that matter against the member of the Legislative Assembly or a minister in the executive government nor does the Parliament or the Legislative Assembly of the State or its members. The laws apply equally and there is no privilege which prohibits action of registration of a case by an authority which has been empowered by the legislature to investigate the cases. Simply because the officers belong to the office of the Hon’ble Speaker of the Legislative Assembly, the provisions of the Act do not cease to apply to them. The law does not make any differentiation and applies to all with equal vigour. As such, the initiation of action does not and cannot amount to a breach of privilege of the Legislative Assembly, which has itself conferred powers in the form of a Statute to eradicate the menace of corruption. 58) The petitioners cannot, while acting under the said statute, be said to have lowered the dignity of the very Assembly which has conferred the power upon the petitioners. The authority to act has been conferred upon the petitioners under the Act by the Legislative Assembly itself and, therefore, the action taken by the petitioners under the said Act cannot constitute a breach of privilege of that Legislative Assembly. 59) By carrying out investigation on a complaint received, the petitioners merely performed their statutory duty and did not in any way affect the privileges which were being enjoyed by the Assembly and its members. The action of the petitioners did not interfere in the working of the House and as such there are no grounds for issuing a notice for the breach of Privilege of the Legislative Assembly. 60) Also, in terms of the provisions of Section 11(2) of the Lokayukt Act, any proceeding before the Lokayukt shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code and as per Section 11(3), the Lokayukt is deemed to be a court within the meaning of Contempt of Courts Act, 1971. The petitioners have merely made inquiry within the scope of the provisions of the Act and have not done anything against the Speaker personally. The officers working under the office of the Speaker are also public servants within the meaning of Section 2(g) of the Lokayukt Act and, therefore, the Lokayukt and his officers were entitled and duty bound to carry out investigation and inquiry into the allegations made in the complaint filed before them and merely because the petitioners, after scrutinizing the relevant records, found the allegations prima facie proved, justifying detailed investigation by the Special Police Establishment under the Prevention of Corruption Act, and the performance of duty by the petitioners in no way affects any of the privileges even remotely enjoyed by the Assembly or its Members. 61) In the present matter, the petitioners have not made any inquiry against any member of the Legislative Assembly or the Speaker or about their conduct and, therefore, the complaints made against the petitioners by some of the members of Legislative Assembly were completely uncalled for, illegal and unconstitutional. 62) Further, the allegations made in the complaint show that while dealing with the first complaint (E.R. 127/05), the Lokayukt found that there was no material to proceed further and closed that matter since the allegations alleged were not established. While inquiring into the second complaint since the Lokayukt found that the allegations made in the complaint were prima facie proved, SPE was directed to proceed further in accordance with law. 63) On behalf of the petitioners, it is pointed out that the facts and circumstances in the present matter show that complaints have been filed by the Members not in their interest but for the benefit of the persons involved who all are public servants. It is also pointed out that the action of breach of privilege has been instituted against the petitioners since the officers, against whom the investigation has been launched, belong to the Vidhan Sabha Secretariat. 64) We are of the view that the action being investigated by the petitioners has nothing to do with the proceedings of the House and as such the said action cannot constitute any breach of privilege of the House or its members. 65) It is made clear that privileges are available only insofar as they are necessary in order that House may freely perform its functions. For the application of laws, particularly, the provisions of the Lokayukt Act, and the Prevention of Corruption Act, 1988, the jurisdiction of the Lokayukt or the Madhya Pradesh Special Police Establishment is for all public servants (except the Speaker and the Deputy Speaker of the Madhya Pradesh Vidhan Sabha for the purposes of the Lokayukt Act) and no privilege is available to the officials and, in any case, they cannot claim any privilege more than an ordinary citizen to whom the provisions of the said Acts apply. Privileges do not extend to the activities undertaken outside the House on which the legislative provisions would apply without any differentiation. 66) In the present case, the action taken by the petitioners is within the powers conferred under the above statutes and, therefore, the action taken by the petitioners is legal. Further, initiation of action for which the petitioners are legally empowered, cannot constitute breach of any privilege. 67) Under the provisions of Section 39(1)(iii) of the Code of Criminal Procedure, 1973, every person who is aware of the commission of an offence under the Prevention of Corruption Act is duty bound to give an information available with him to the police. In other words, every citizen who has knowledge of the commission of a cognizable offence has a duty to lay information before the police and to cooperate with the investigating officer who is enjoined to collect the evidence.68) In the light of the above discussion and conclusion, the

Decision (1 = appeal accepted, 0 = rejected): 1

Explanation:
1[ds]The officers working under the office of the Speaker are also public servants within the meaning of Section 2(g) of the Lokayukt Act and within the meaning of Section 2 (c) of the Prevention of Corruption Act, 1988 and, therefore, the Lokayukt and his officers are entitled and duty bound to make inquiry and investigation into the allegations made in any complaint filed beforeThe law applies equally and there is no privilege which prohibits action of registration of a case by an authority that has been empowered by the legislature to investigate the cases relating to corruption and bring the offenders to book. Simply because the officers happen to belong to the office of theSpeaker of the Legislative Assembly, the provisions of the Lokayukt Act do not cease to apply to them. The law does not make any differentiation and applies to all with equal vigour. As such, the initiation of action does not and cannot amount to a breach of privilege of the Legislative Assembly, which has itself conferred powers in the form of a statute to eradicate the menace of corruption. It is, thus, clear that, no privilege is available to the Legislative Assembly to give immunity to them against the operation ofIn the present matter, the petitioners have not made any inquiry even against the members of the Legislative Assembly or the Speaker or about their conduct and, therefore, the complaints made against the petitioners by some of the members of the Legislative Assembly were completely uncalled for, illegal and unconstitutional. The Speaker has no jurisdiction to entertain any such complaint, which is not evenThus, it is amply clear that the Assembly does not enjoy any privilege of a nature that may have the effect of restraining any inquiry or investigation against the Secretary or the Deputy Secretary of the LegislativeThus, from the above, it is clear that neither did the House of Commons enjoy any privilege, at the time of the commencement of the Constitution, of a nature that may have the effect of restraining any inquiry or investigation against the Secretary or the Deputy Secretary of the Legislative Assembly or for that matter against the member of the Legislative Assembly or a minister in the executive government nor does the Parliament or the Legislative Assembly of the State or its members. The laws apply equally and there is no privilege which prohibits action of registration of a case by an authority which has been empowered by the legislature to investigate the cases. Simply because the officers belong to the office of theSpeaker of the Legislative Assembly, the provisions of the Act do not cease to apply to them. The law does not make any differentiation and applies to all with equal vigour. As such, the initiation of action does not and cannot amount to a breach of privilege of the Legislative Assembly, which has itself conferred powers in the form of a Statute to eradicate the menace ofThe petitioners cannot, while acting under the said statute, be said to have lowered the dignity of the very Assembly which has conferred the power upon the petitioners. The authority to act has been conferred upon the petitioners under the Act by the Legislative Assembly itself and, therefore, the action taken by the petitioners under the said Act cannot constitute a breach of privilege of that LegislativeBy carrying out investigation on a complaint received, the petitioners merely performed their statutory duty and did not in any way affect the privileges which were being enjoyed by the Assembly and its members. The action of the petitioners did not interfere in the working of the House and as such there are no grounds for issuing a notice for the breach of Privilege of the LegislativeAlso, in terms of the provisions of Section 11(2) of the Lokayukt Act, any proceeding before the Lokayukt shall be deemed to be a judicial proceeding within the meaning of Sections 193 and 228 of the Indian Penal Code and as per Section 11(3), the Lokayukt is deemed to be a court within the meaning of Contempt of Courts Act, 1971. The petitioners have merely made inquiry within the scope of the provisions of the Act and have not done anything against the Speaker personally. The officers working under the office of the Speaker are also public servants within the meaning of Section 2(g) of the Lokayukt Act and, therefore, the Lokayukt and his officers were entitled and duty bound to carry out investigation and inquiry into the allegations made in the complaint filed before them and merely because the petitioners, after scrutinizing the relevant records, found the allegations prima facie proved, justifying detailed investigation by the Special Police Establishment under the Prevention of Corruption Act, and the performance of duty by the petitioners in no way affects any of the privileges even remotely enjoyed by the Assembly or itsIn the present matter, the petitioners have not made any inquiry against any member of the Legislative Assembly or the Speaker or about their conduct and, therefore, the complaints made against the petitioners by some of the members of Legislative Assembly were completely uncalled for, illegal andFurther, the allegations made in the complaint show that while dealing with the first complaint (E.R. 127/05), the Lokayukt found that there was no material to proceed further and closed that matter since the allegations alleged were not established. While inquiring into the second complaint since the Lokayukt found that the allegations made in the complaint were prima facie proved, SPE was directed to proceed further in accordance withOn behalf of the petitioners, it is pointed out that the facts and circumstances in the present matter show that complaints have been filed by the Members not in their interest but for the benefit of the persons involved who all are public servants. It is also pointed out that the action of breach of privilege has been instituted against the petitioners since the officers, against whom the investigation has been launched, belong to the Vidhan SabhaWe are of the view that the action being investigated by the petitioners has nothing to do with the proceedings of the House and as such the said action cannot constitute any breach of privilege of the House or itsIt is made clear that privileges are available only insofar as they are necessary in order that House may freely perform its functions. For the application of laws, particularly, the provisions of the Lokayukt Act, and the Prevention of Corruption Act, 1988, the jurisdiction of the Lokayukt or the Madhya Pradesh Specialis for all public servants (except the Speaker and the Deputy Speaker of the Madhya Pradesh Vidhan Sabha for the purposes of the Lokayukt Act) and no privilege is available to the officials and, in any case, they cannot claim any privilege more than an ordinary citizen to whom the provisions of the said Acts apply. Privileges do not extend to the activities undertaken outside the House on which the legislative provisions would apply without anyIn the present case, the action taken by the petitioners is within the powers conferred under the above statutes and, therefore, the action taken by the petitioners is legal. Further, initiation of action for which the petitioners are legally empowered, cannot constitute breach of anyUnder the provisions of Section 39(1)(iii) of the Code of Criminal Procedure, 1973, every person who is aware of the commission of an offence under the Prevention of Corruption Act is duty bound to give an information available with him to the police. In other words, every citizen who has knowledge of the commission of a cognizable offence has a duty to lay information before the police and to cooperate with the investigating officer who is enjoined to collect the evidence.