Mohammad Rafiq, J. - (1.) THIS is an extraordinary petition, which seeks to question validity of the show cause notices dt. 26.06.2012, 06.07.2012 and 08.08.2012. By these three notices, petitioner Ratna Gupta, who is Inspector of Police, has been called upon to appear before the Privilege Committee of the Rajasthan Legislative Assembly to explain her conduct on allegation of breach of privilege of the Women & Child Welfare Committee of the Assembly constituted under Rule 253L of the Rules of Procedure and Conduct of Business in Rajasthan Legislative Assembly. Women & Child Welfare Committee of the Rajasthan Legislative Assembly carried out sudden inspection of Mahila Thana Gandhi Nagar (East), Jaipur on 19.07.2010. Petitioner at that time was posted as SHO in that Police Station. Allegation is that she did not furnish the documents/ information demanded by the Committee and rather misbehaved with the Chairman and Members of the Committee. The said Committee reported the matter of breach of privilege to the Privilege Committee. It is in this background that aforementioned notices were issued to the petitioner calling upon her to appear before the Privilege Committee to explain her conduct.
(2.) THIS Court on 28.09.2012 issued show cause notice of writ petition confined to respondent No. 1 namely; Secretary of the Rajasthan Legislative Assembly. The matter was scheduled to be listed on 29.10.2012. No one appeared on behalf of respondent No. 1 despite service. In the meantime, petitioner through her advocate moved an application for taking subsequent developments on record of this petition informing that the Privilege committee has issued a warrant of arrest against petitioner on 17.10.2012 and therefore matter may be listed at an early date. This is how the matter has came to be listed before this Court today under the orders of Hon'ble Chief Justice. Shri S.S. Hora, learned counsel for the petitioner has cited judgment of the constitutional Bench of the Supreme Court in Raja Ram Pal vs. Hon'ble Speaker, Lok Sabha and Others, : (2007) 3 SCC 184 and while referring to para 431 of the report argued that this Court would have power of judicial review of the manner of exercise of power of breach of privilege and entertainment of writ petition for that purpose would not mean that jurisdiction of legislature is being usurped by this Court. Learned counsel has also relied on another constitutional bench judgment of Supreme Court in Amarinder Singh vs. Special Committee, Punjab Vidhan Sabha and Ors., : (2010) 6 SCC 113 to argue that power of judicial review would not be excluded even in a matter of alleged breach of privilege and this Court is empowered to scrutinize exercise of House privileges including power of a legislature chamber to punish for contempt of itself. Learned counsel submitted that petitioner through her advocate demanded material adverse to the petitioner on which basis, reference has been made to the Privilege Committee. Respondents by their communication dt. 08.08.2012 (Ann. 8) not only rejected the said prayer but rather conveyed that her repeatedly asking for documents also tantamounts to breach of privilege. This according to the learned counsel amounts to breach of principles of natural justice violating her fundamental rights. Learned counsel therefore submitted that this Court should entertain the writ petition even at the premature stage to examine whether at all the inspection of Police Station carried out by the Women & Child Welfare Committee and alleged refusal of the petitioner to furnish documents demanded by the Committee, amounted to breach of privilege in the scope of Article 194(3) of the Constitution of India?
(3.) I have heard Shri S.S. Hora, learned counsel for the petitioner at some length and perused the material on record.;