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This is an archive article published on February 21, 2000

`Beating up of MLA no breach of privilege’

BHOPAL, FEB 20: The beating up of BJP MLA, Kunwar Vijay Shah, by police at Khandwa town in Madhya Pradesh on September 27, last year, did ...

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BHOPAL, FEB 20: The beating up of BJP MLA, Kunwar Vijay Shah, by police at Khandwa town in Madhya Pradesh on September 27, last year, did not amount to a breach of privilege, according to the Privileges Committee of the State Assembly.

The committee in its report, laid on the table of the house last week, stated clearly that since the incident took place when Shah was not discharging his duties as a legislator but as a politician, the beating did not amount to breach of privilege. The main opposition BJP in the State Assembly had not allowed the house proceedings to take place for a week during the winter session last year demanding that the then Superintendent of Police, R C Patel, be suspended for his alleged involvement in Shah’s beating. Following persistent protests by BJP members, the Assembly Speaker, Sriniwas Tiwari, had referred the issue to the House Privileges Committee.

On the basis of an interim report presented by the committee, the Speaker directed the State Government to suspend R C Patelwho was suspended forthwith. The committee had in its interim report recommended Patel’s suspension but left to the State Government the decision on his re-instatement. Patel has since been re-instated on February 4 a day before the current budget session of the State Assembly for the year 2000-01 began.

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The 10-member Privileges Committee, chaired by Congress MLA and former minister, Prem Narayan Thakur, has recommended that when a legislator takes part in a dharna, demonstration or any other similar movement, a police officer of the rank of the sub-divisional officer (police) or the deputy superintendent of police should be present at the spot to ensure that no insulting behaviour was meted out to the legislator.

The committee said that based on the evidence presented by the District Collector and the Superintendent of Police, it came to the conclusion that there was a lack of coordination between the administration and the police on the day Shah was beaten up. It pointed out that the absence of asub-divisional police officer from the spot where Shah was beaten up was a serious lapse and added that the incident could have been averted if only police officials present there had behaved with alacrity.

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