Legal Correspondent Hyderabad

TheTelangana High Court on Tuesday modified its interim order in the dispute between the Bharat Rashtra Samithi (BRS) legislators and the police over entry into the Assembly. Justice Tangirala Madhavi Devi passed the order on an application by the State seeking to vacate the earlier directions.

The court re-affirmed that maintaining decorum and enforcing rules within the Assembly precincts is the exclusive prerogative of the Speaker. It changed only its directions on the police accountability for the altercation at the Assembly gate on September 7.

The judge modified the earlier order and directed the DGP to identify the erring police officers and furnish to the Speaker for taking action against them and if the incident on September 7 occurred at the gate, then the DGP has to furnish a report to the court on the entire incident.

The case arises from a writ by the BRS Legislature Party Deputy Floor Leader Talasani Srinivas Yadav, seeking strict action against the police officers, who restrained the BRS MLAs from entering the Assembly to attend the proceedings on September 7.

The petition alleged that the police officers blocked BRS members from entering the Assembly without authority, misbehaved with them and caused bodily injuries. On September 7, the court had issued interim directions that authorities should not prevent legislators from attending House proceedings. It said any disciplinary action for breach of internal rules rested solely with the Speaker. It also directed the DGP to identify the erring personnel and take strict action against them.

The State, represented by Advocate-General A Sudarshan Reddy, sought vacation or modification of those directions. It raised a preliminary objection on maintainability. It argued that a political party has no locus standi to claim violation of fundamental rights under Article 226.

On merits, the State said the police acted on the Speaker’s directions to the Chief Marshal to maintain order. It said BRS legislators wearing black T-shirts with printed political slogans tried to force their way into the Assembly. Relying on Supreme Court precedent on parliamentary privileges, the A-G argued that the members violated Assembly bulletins and prohibitory orders under the Hyderabad City Police Act. He said the resulting scuffles injured several police officers, including women.

Counsel for the petitioner countered that the petition was maintainable. It was filed by the recognised BRS legislature party, he said, and not by a general political entity. He argued that the blockade was politically motivated. Women legislators in black sarees and members without slogan-bearing shirts were also detained and taken to BRS Bhavan. He submitted that the written directions from the Legislature Secretariat were issued after the court pronounced its interim order at 3.30 pm, to justify the police conduct.

Justice Devi held that the question of maintainability would be decided at the final hearing. She noted that the treatment of women legislators had not been addressed. The court observed that internal Assembly discipline falls within the Speaker’s domain. Police action taken on the Speaker’s directions, it said, remains subject to parliamentary oversight.

The court then modified its second direction. The DGP must review the incident and identify the personnel who misbehaved with or manhandled women legislators; he must submit the findings to the Speaker for appropriate action. If the inquiry shows any part of the incident took place outside the designated precincts at the Assembly gate, the DGP must submit a detailed report directly to the court.