Does Assembly have quasi-judicial powers to imprison guilty on its premises?

Has the Uttar Pradesh Assembly overreached its quasi-judicial powers by imprisoning six policemen on its own premises in a breach of privileges case? The exact privileges of the Legislature and the punishments to be given if they are breached are not codified clearly in the Constitution, which has given rise to many controversial decisions and events in the country's long legislative history.

Lucknow (Uttar Pradesh): The Constitution has accorded special privileges and quasi-judicial powers to the Legislature to maintain its authority but the question pops up now whether a State Assembly can execute punishment by converting a room on its own premises into a symbolic jail cell.

The lack of clarity on what sort of privileges the Legislature enjoys and which punishments can be awarded in cases of breach of those privileges seems to have given scope for many controversies emerging in this respect. In the latest instance, the Privileges Committee of the Uttar Pradesh Assembly has found six policemen guilty of carrying out a lathi charge on the then-sitting MLA of BJP, Salil Vishnoi, over 20 years ago.

Based on this, the members of the House debated the issue and passed a unanimous resolution to award one-day jail to the culprits. The Speaker of the Assembly ordered the marshalls to keep all the guilty policemen in the symbolic lockup made inside the assembly premises. The order was promptly executed.

One of the rooms in the UP Assembly was converted into a jail cell where the six policemen were imprisoned till 12 midnight on Friday. As per the orders of the Privileges Committee, food and water were served to the policemen in the symbolic lockup itself.

Samajwadi Party member and Leader of the Opposition Akhilesh Yadav staged a walk-out from these proceedings. The police officers and personnel who were sentenced include Abdul Samad, the then jurisdictional officer of Babupurwa, Rishikant Shukla, the then SHO of Kidwai Nagar, the then sub-inspector Triloki Singh, the then constables Chhote Singh Yadav, Vinod Mishra, Meharban Singh Yadav.

Legislative Affairs Minister Suresh Khanna proposed the motion on imprisonment to the culprits in the breach of privilege case, which was accepted. Congress Legislature Party, Bahujan Samaj Party and some other parties have said that they would agree with the decision of the Speaker. When the culprits were asked about that, they apologized with folded hands and sought forgiveness.

Then, Minister Suresh Khanna said that it is necessary for all of us to respect the people's representatives, but these officers do not have the right to insult or abuse anyone and there should be sensitivity. Khanna said that we want minimum punishment to be given and proposed one-day punishment.

After this, Vidhan Sabha Speaker Satish Mahana said that it has been said in the Constitution, 'We the people of India, the decision of the House is important, its message will be far-reaching, our Constitution is our lifeline. Assembly Speaker Satish Mahana said that a message should go on the proposal of the Legislative Affairs Minister. It is necessary to set an example for the generations to come."

Agriculture Minister Surya Pratap Shahi said that the culprits may be imprisoned for a few hours while other members objected to this. The Minister of Parliamentary Affairs should make arrangements for food and drink for the policemen.