The Supreme Court on Tuesday stayed for a week the Rajasthan Assembly resolution sentencing a woman police officer to 30-day imprisonment for breach of privilege.
A bench headed by justice K S Radhakrishnan also issued notice to the office of Assembly speaker, its privilege committee and chief secretary of the state on the plea filed by the woman officer challenging the resolution.
The apex court stayed the resolution for a week and posted the case for September 9.
Woman officer Ratna Gupta was sentenced to 30-day imprisonment on August 29 on charges of insulting the chairman and members of a House panel when they visited a Mahila Thana (women's police station) on July 19, 2010 of which she was the Station House Officer and ignoring repeated summons.
Senior advocate Amarendra Sharan and advocate Sonesh Jha, appearing for Gupta, submitted that the resolution is unconstitutional and illegal and the officer was punished despite she being on leave on that day.
The House had by a voice vote passed the resolution handing down the sentence to Gupta for breach of privilege of the House Committee on Women and Child Welfare after holding her guilty of misconduct and not providing requisite information.
The resolution, moved by Chief Whip Raghu Sharma and supported by the entire Opposition, said that she should be given the punishment and sent to jail for not providing information and insulting the chairman and members of the committee.
Sharma had said Gupta was served four notices and a warrant was issued by the Assembly, but she did not appear before the committee. She did not respond to the Rajasthan High Court's direction to comply with the Assembly committee's direction, the Chief Whip had said.
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