Investigative agencies in Maharashtra have to seek permission of the Speaker if it wants to prosecute any MLA for any offences. It has come to notice now that the Maharashtra or the Mumbai police have never applied for any permission from the Speaker to prosecute any MLA in Maharashtra in the past 10 years. This information has been revealed in a reply to a query filed by RTI Activist Anil Galgali.
In a query filed by Anil Galgali, to the Speaker office seeking information about various permissions sought by Maharashtra or Mumbai Police to prosecute various MLA's involved in various offences in the past 10 years. In the reply to the query, Shri Umesh Shinde, Desk Officer, Maharashtra Legislative Secretariat informed that - Nil - Permissions were sought. He also sought to know what kind of proposals for sanctions to prosecute are needed to be sent to the Speaker & On which cases does not require permission of Speaker to prosecute any MLA. In the reply to this query also was given as Nill. Anil Galgali had sought information on the same subject from Mumbai & Maharashtra Police also. In reply to the query, ACP (Coordination), Mumbai Police said that they have transferred and referred the query to Maharashtra Legislative secretariat. On behalf of Maharashtra Police, its Public Information Officer D D Phadke replied that they have no records of the information sought. It is significant to note here that as per an NGO's survey almost 146 MLA's & 26 MP's have criminal records in Maharashtra.
Recently, as per media reports the then Mumbai Police Commissioner Dr Satyapal Singh had announced that the Mumbai Police has sought permission from the Speaker to prosecute MLA & Ex Minister of State (Home) Shri Kripashankar Singh in a Disproportionate Asset case filed with it. But from the information now revealed in the reply to the query filed by Anil Galgali, it can be understood that no such correspondence seems to have been done in actuality.
Anil Galgali has said that it can be always seen that the Police dept projects that the permission to prosecute any MLA has been sought from the Speaker, and is waiting to receive the permission to proceed against such Public representatives, where as in actuality no such correspondence is undertaken, actually lowers the image of the Speaker among st the public, wherein he is seen as withholding such permissions. This can be easily seen in the case of said permissions being awaited in the Kripashankar Singh case whereas in actuality no permission has been sought.