Appear before Assembly panel, you are protected: HC to CS

The Delhi high court on Tuesday told Chief Secretary Anshu Prakash that he is “adequately protected” against any punishment by a Delhi Legislative Assembly committee which has sought his presence and asked him to appear before the panel.

Justice Vibhu Bakhru said his order of July 13 was “expressly clear” that the bureaucrat has to participate in the proceedings before the Assembly's Committee of Privileges (COP) and if any punishment was imposed on him, it would not be implemented till his plea against the panel's notice to him was decided.

The observation by the court came on an application moved by Prakash seeking clarification of its July 13 order asking him to appear before the panel which issued a notice to him on a complaint by the Question and Reference (Q&R) Committee of the Assembly.

The applicant also raised the apprehension that one of the members of the COP was biased against him, but the court allayed his fears by saying that the proceedings would be video recorded.

“The order (of July 13) is expressly clear that petitioner (Prakash) will participate in the proceedings without prejudice and if the committee recommends or imposes any punishment, same will not be implemented till final disposal of the petition. “The court is of the view that the petitioner is adequately protected and no further clarification is required,” it said and disposed of the application.

Senior advocate Siddharth Luthra, appearing for Prakash, alleged during the hearing that the chairperson of the COP was “biased” against and “hostile” towards his client. He said a senior bureaucrat cannot be treated in this manner. The court, however, said, “no prejudice is being caused to you by appearance (before the panel).” “Are you protected, the answer is yes.