HC: CS shielded against action, he must attend House panels

The Delhi High Court on Tuesday reiterated its earlier order directing Chief Secretary Anshu Prakash to appear before the committees of the Delhi Assembly. The court said Anshu is “adequately protected” against any punishment by the Assembly committee which has sought his presence and asked him to appear before the panel.

The HC said the July 13 order was “expressly clear” that Anshu has to take part in the proceedings before the Assembly’s Committee of Privileges (CoP) and if any punishment was slapped on him, it would not be implemented till his plea against the panel’s notice was decided.

The observation came on an application moved by Anshu seeking clarification on the July 13 order that asked him to appear before the panel which issued 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. On your plea, it is being videotaped. Court will watch the recording,” the judge said.

On July 13 while asking Prakash and two other bureaucrats to appear before the committee, the court had warned them that not doing so would invite contempt action.

The direction had come after the court was informed that the three officers were neither appearing before the panels, nor giving the information sought from them.

They were taking advantage of the court’s earlier order restraining the authorities from taking action against them, the lawyers for the Assembly and the Speaker of the House had alleged. The High Court had on March 9 asked the panels not to take coercive steps against the IAS officers.