Maharashtra MP’s claim of privilege violation unjustified, says senior SC lawyer

Mr. Jindal
2 Min Read

Mohan Kataraki, senior advocate in the Supreme Court, said that the claim by Dhariyasheel Mane, MP for Maharashtra, that the Belagavi district administration violated his privilege by issuing him a restraining order is unjustified.

Mr. Kataraki told The Hindu that Mohammad Roshan, Deputy Commissioner, Belagavi, had acted within the law to prohibit the Maharashtra MP’s entry into Belagavi for the Black Day observation by MES.

“The privilege complaint Mr. Mane has against the DC is devoid of legal foundation. The prohibitory order under Section 163 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), the successor to Section 144 CrPC, was a valid administrative action to prevent apprehended breach of peace during the sensitive “Black Day” observance tied to the Maharashtra-Karnataka border dispute. Such orders bind every individual universally, and nobody, including a Member of Parliament, a Member of Legislative Assembly, or even the Chief Minister and Prime Minister, is exempt from their operation. Parliamentary privileges under Article 105 shield only proceedings within Parliament, not extraneous political activities that could inflame tensions in a volatile region,’’ he said.

“Belagavi district administration authorities have consistently applied similar preventive restrictions on leaders from both states during border-related events. The DC’s measure was prudent, impartial, and essential for public order. Equating routine law-and-order enforcement with contempt of Parliament distorts constitutional equilibrium and disregards the Supreme Court’s settled position on the dispute. In view of the above and in my view, the Speaker of Lok Sabha is likely to dismiss the motion moved by Mr. Mane,” he said.

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