Telangana HC Orders Police Not to Block BRS MLAs from Assembly Entry

<p>The Telangana High Court on Monday took serious note of alleged high-handedness by Telangana Police in stopping legislators at the Assembly entrance, including the alleged manhandling of both women and men MLAs of the Bharat Rashtra Samithi.</p>
<p>Justice T. Madhavi Devi reacted sharply after photographs placed before the Court appeared to show a former Home Minister and woman legislator being restrained by police personnel pressing her neck. While the BRS also alleged that another woman MLA's saree was pulled, the judge singled out the photographs and remarked that treating any woman in such a manner was unacceptable. "What is this conduct?" the Court questioned, adding, "treating any woman this way is unacceptable."</p>
<p>The Court directed police authorities not to prevent members of the BRS Legislature Party from entering the Telangana Legislative Assembly. It made clear that any violation of the Rules governing conduct of members inside the House was a matter for the Speaker to address, not for the police.</p>
<p>The Director General of Police was directed to identify the officials responsible for the alleged excesses against BRS legislators, particularly women legislators, and take stringent action. The DGP was also asked to submit a report before the Court by the next date of hearing.</p>
<p>The writ petition was filed by the BRS Legislature Party through a lunch motion, seeking urgent intervention. The party submitted that the Speaker had convened the Assembly session for 15 days and its legislators had arrived at the Assembly premises at around 10 a.m. to participate in proceedings. It alleged that hundreds of police personnel had gathered there, with women police forming the first two rows and preventing BRS MLAs from entering.</p>
<p>The BRS submitted that its legislators were merely wearing black T-shirts carrying slogans as part of a peaceful protest, and that as an Opposition party they had the fundamental right to protest against what they considered misgovernance, as well as the right to raise issues on the floor of the Assembly.</p>
<p>Counsel for the petitioner stated that BRS Working President K.T. Rama Rao sustained injuries to his hand and head, while former minister and MLA Harish Rao was detained and arrested. Another MLA also suffered hand injuries during the incident.</p>
<p>The BRS also drew a comparison with protests in Parliament, where Leader of the Opposition Rahul Gandhi and other members had participated in protests within Parliament's precincts without their rights being curtailed in a similar manner.</p>
<p>On behalf of the Home Department, Government Pleader Mahesh Raje submitted that the BRS legislators had worn black T-shirts containing objectionable slogans. He relied on Rule 316 of the Rules of Procedure and Conduct of Business in the Telangana Legislative Assembly, particularly Clause 13, which prohibits the display of badges or slogans.</p>
<p>However, the Court repeatedly questioned whether the police had any authority in the matter. "Has the police got the authority? Who is the authority to take action?" the judge asked.</p>
<p>When the State counsel suggested that some photographs may have been altered using Artificial Intelligence and stated that women legislators were "allowed" to enter, the Court strongly objected to that choice of words. "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. That itself shows your police authority," Justice Madhavi Devi observed.</p>
<p>The Court also pointed out that some women legislators had not been wearing any attire carrying slogans but had simply arrived in sarees. "They are not in any sloganeering attire. They simply came in sarees. How can they be stopped? What powers did the police have?" it asked.</p>
<p>"The responsibility of the members is to discuss issues on the floor of the Assembly. How can the police stop them? Then why this 'gallata'?" the Court asked. "This is not acceptable behaviour from the police. Police cannot become this hyper and behave this way," Justice Madhavi Devi said.</p>
<p>Observing that the incident could not simply be set aside, the judge remarked, "It cannot be 'hogaya so hogaya'," and noted that corrective measures had to be taken.</p>
<p>The Court adjourned the matter by two weeks for further hearing.</p>