“Is this the respect you show to women, particularly women legislators?” the Telangana High Court asked the state police on Monday, September 9, regarding the alleged manhandling of Bharat Rashtra Samithi (BRS) women MLAs at the Assembly entrance. The court took serious exception to photographs showing legislators being restrained during the confrontation. The court also observed that any violation of the rules governing the House was the concern of the Speaker and not the police.
Justice T Madhavi Devi passed the direction while hearing a writ petition filed through a lunch motion by BRS MLA and deputy floor leader Talasani Srinivas Yadav. The petition alleged that police personnel had prevented BRS legislators from entering the Assembly premises during the opening day of the ongoing session.
The court said that “it was for the Speaker and not the police to take action” if there was any violation of Assembly rules. The court also directed the DGP to identify the police officials responsible for the incident and take strict action against them.
The DGP was further directed to submit a report on the action taken, with the matter posted for further hearing on September 21.
The case arose after BRS legislators alleged that police had stopped them from entering the Assembly. Senior counsel Gandra Mohan Rao, appearing for the petitioners, sought a direction restraining the police from preventing legislators from entering the House.
The state, however, argued that some BRS legislators had violated Assembly rules by wearing black t-shirts carrying slogans. Government Pleader for Home Mahesh Raje referred to Rule 316 and Clauses XIII and XV of the Rules of Procedure and Conduct of Business in the Telangana Legislative Assembly, which restrict the wearing or display of badges and slogans in the House.
The court questioned whether the police had the authority to enforce such rules against elected legislators. It asked, “Has the police got the authority? Who is the authority to take action?”
The proceedings also focused on allegations of high-handedness by police personnel against women legislators. The petitioners alleged that BRS women MLAs V Sunitha Laxma Reddy and P Sabitha Indra Reddy were manhandled while being stopped at the Assembly entrance.
The women legislators were allegedly grabbed by the throat, their sarees pulled, and their hair dragged during the confrontation. The BRS side also alleged that KT Rama Rao suffered injuries to his hand and head, while former minister and MLA Harish Rao was detained and arrested.
The allegations prompted strong observations from Justice Madhavi Devi after photographs of the incident were placed before the court. The judge observed that “circumstances can be different but treating women like that was not acceptable” and remarked that “photographs cannot lie”.
“Police cannot become so hyper and behave in this manner…this sort of behaviour by police is not acceptable,” the judge remarked.
The judge also questioned whether the treatment of the women legislators reflected the respect due to elected women representatives. “Is this the respect you show to women, particularly women legislators?” she asked.
The court was also told that some of the women legislators were not wearing t-shirts carrying slogans but had arrived in black sarees. “They are not in any sloganeering attire. They simply came in sarees. How can they be stopped? What powers did the police have?” the court asked.
The State maintained that the police had acted on instructions from the DGP, who had allegedly received directions from the Speaker’s office to restrain legislators violating Assembly guidelines. The petitioners disputed the claim and questioned when such communication had been issued.
Senior counsel Gandra Mohan Rao argued that only the Speaker and Assembly marshals were empowered to enforce rules concerning the conduct of legislators within Assembly premises. He submitted, “If this power is given to the police, no legislature will be free. It will become a police raj.”
The court also questioned the State’s use of the word “allowed” while referring to legislators entering the Assembly. Justice Madhavi Devi observed, “If you are saying they were allowed by the police, what power does the police have to allow or disallow the members? It is their right to go and participate.”
The BRS argued that its legislators had a right to peacefully protest and raise issues concerning the functioning of the government. It also invoked Article 194 of the Constitution concerning the privileges and rights of legislators.
The State, meanwhile, contended that the legislators had arrived in groups while raising slogans and had not used the designated entry arrangements. It also maintained that the black t-shirts carried messages against the government and violated Assembly guidelines.
After hearing both sides, the High Court directed the police not to prevent BRS legislators from entering the Assembly. It clarified that if a legislator violated the Rules of Procedure and Conduct of Business, the Speaker was the authority to take appropriate action.
The court also directed the DGP to identify the police officials allegedly responsible for the conduct during the incident and take stringent action against them. Notices were issued to the Home Secretary, DGP, Hyderabad Police Commissioner, Assembly Secretary, and Khairatabad Deputy Commissioner of Police, directing them to respond.
Justice Madhavi Devi further observed that the incident could not simply be brushed aside and remarked, “It cannot be ‘hogaya so hogaya’,” indicating that corrective action was necessary.
The matter has been posted for further hearing on September 21.