DR.  M.P.  JAISWAL (BETTIAH):  You said that 17 bullets were fired at one
person.

MR. SPEAKER : Please listen.

... (Interruptions)

SHRI INDRAJIT GUPTA: So, Sir, if the House is anxious and you are anxious that we should first hear Shri Rajiv Pratap Rudy..

MR. SPEAKER : No.

SHRI INDRAJIT GUPTA: But this has nothing to do with the other part of the present issue.

MR. SPEAKER : Yes, I am dealing with a notice of Adjournment Motion. I am not dealing with an individual incident.

AN HON. MEMBER: Why not, Sir?

MR. SPEAKER : No, not at this moment.

... (Interruptions)

MR. SPEAKER : I know.

SHRI INDRAJIT GUPTA: About the other part relating to Adjournment Motion, all I have got to say is that I have listened very carefully to Shri Jaswant Singh and Shri Fernandes and they have made out no case whatsoever for claiming that there is..

SHRI PRAMOD MAHAJAN (MUMBAI - NORTH EAST): Sir, it is for you to decide.

... (Interruptions)

MR. SPEAKER : Let him argue. He has a right to argue his own case.

... (Interruptions)

SHRI INDRAJIT GUPTA: No, that was about Shri Rudy. Do not try to be extra-clever. (Interruptions)

MR. SPEAKER : It is all right. You do not have to reply to them. You can make your points.

SHRI INDRAJIT GUPTA: That is referring to Shri Rudy's case, I said, we have not received any intelligence report. But you are talking about a general collapse of law and order. Who says, we have no report? We have got reports and on the basis of those reports, I want to say that there is no such situation there which can be described as a breakdown of law and order. There are disturbances going on of any kind. I do not wish to detail all those. I have got some reports of some of those detailed incidents also including group clashes, attacks on various officers and people and all that is going on. But humbly, Sir, I do not concede that all this adds up to a complete breakdown of law and order or a breakdown of the Constitution much less so. We have not received any report from the Governor of anything which substantiates the allegation that there has been a complete breakdown of law and order.

As for some of the other points you have mentioned, to my knowledge, I do not know if some people gheraoed or demonstrated in front of the High Court. We have no report that the normal functioning of the High Court was obstructed or impeded or not made possible to be carried on.

Secondly regarding the Press reports, the Press has reported that various threats have been issued. Statements have been made by people to whom Shri Jaswant Singh referred to, I think, as the highest authority in the State. He is reported to have uttered certain threats, `If somebody does like this, I will do like that and so on and so forth.' I say that whatever threat may or may not have been issued, those threats have not materialised. Nothing of that kind has happened. (Interruptions)

DR. MURLI MANOHAR JOSHI: Sir, he has nothing to do with those threats.

SHRI INDRAJIT GUPTA: Nothing of that kind has happened...(Interruptions) Nothing has happened, Sir. (Interruptions) Like in Kerala..(Interruptions) Nothing has happened to show that any directive given by the Centre, by the Union Government has been defied by the State Government. There is no such instance on record. There is nothing to show that the Central Intelligence Agencies or any other organ of the Central Government has been impeded from working or functioning there. Therefore, in view of all this, perhaps, Shri Jaswant Singh's claim has been a little premature. Maybe, I do not know, later on something may happen which will satisfy. Now at the moment, it is premature and nothing has happened to show..(Interruptions)

DR. MURLI MANOHAR JOSHI: By what time, do you expect something to happen?

MR. SPEAKER : Something to materialise.

... (Interruptions)

SHRI INDRAJIT GUPTA: The Union Government has not been challenged in any sense that no order or no directive given from here has been defied by the State Government. Are we to go by what people are reportedly to be said in statements? I have not got, I do not know, for example, what was transpired in the conversation or discussion which reportedly took place between the Chief Minister of that State and the Governor.

They had some meeting. They had some discussion. I am not in a position to say what transpired between them. ...(Interruptions)

SHRI RAM NAIK (MUMBAI NORTH): Why not ask for the report from the Governor?

SHRI INDRAJIT GUPTA : Yes, of course the report will come. Naturally, I will get the report.

DR. MURLI MANOHAR JOSHI: Suppose, something has appeared in the Press. Even then, was it not your duty to enquire what has happened there?

SHRI KRISHAN LAL SHARMA (OUTER DELHI):

¸ÉÒ EÞò¹hÉ ±ÉÉ±É ¶É¨ÉÉÇ (¤Éɽþ®úÒ Ênù±±ÉÒ) : +vªÉIÉ ¨É½þÉänùªÉ, 3 iÉÉ®úÒJÉ EòÉä VÉÉä 17 ®úÉ=Æb÷ MÉÉäʱɪÉÉÆ SɱÉÒ, EªÉÉ =ºÉEòÒ <x¡òÉä¨ÉÇä¶ÉxÉ ½þÉä¨É ʨÉÊxɺ]õ®ú ºÉɽþ¤É EòÉä ½þè ªÉÉ xɽþÒÆ?

SHRI INDRAJIT GUPTA : That is why the report is being brought. ...(Interruptions) You were the Home Minister.

DR. MURLI MANOHAR JOSHI (ALLAHABAD): Yes. I have obtained reports within half-an-hour. I know how it can be done.

SHRI KRISHAN LAL SHARMA (OUTER DELHI):

¸ÉÒ EÞò¹hÉ ±ÉÉ±É ¶É¨ÉÉÇ: <xÉEòÉä +¦ÉÒ iÉEò {ÉiÉÉ ½þÒ xɽþÒÆ ½þè ÊEò 3 iÉÉ®úÒJÉ EòÉä 17 ®úÉ=Æb÷ MÉÉäʱɪÉÉÆ SɱÉÒÆ*

SHRI INDRAJIT GUPTA : Anyway, Sir, as far as the relevant portion of this goes, I repeat that there is no ground on which you should give your consent for admitting this Adjournment Motion because no such situation has been created in the State of Bihar and, therefore, this should not be admitted.

MR. SPEAKER : Well, before I go to the Motion, since during the submissions the incident and firing on hon. Member has been referred to and hon. Member Shri Chandra Shekhar has also made a very strong plea on that, I would feel that this is a serious matter. Government may enquire into this and report to this House. So, I dispose of that question.

SHRI SHARAD PAWAR (BARAMATI): Sir, you give him security. ...(Interruptions) Government should provide security to him.

DR. MURLI MANOHAR JOSHI: Sir, the hon. Member should be heard.

SHRI RAJIV PRATAP RUDY: Sir, how can you do it without hearing me? ...(Interruptions) Please allow me. Sir, you are disposing of my matter without even hearing me.

DR. MURLI MANOHAR JOSHI: Sir, we should hear from the person who was a victim of all that happened. Please listen to him.

MR. SPEAKER : The point is that even if the hon. Member speaks now, the Home Minister will give the same reply that : `I have to find the facts'.

DR. MURLI MANOHAR JOSHI: Sir, let the House know what has happened.

MR. SPEAKER : Let him find out the facts.

DR. MURLI MANOHAR JOSHI: Mr. Speaker, Sir, the House should know all the facts. ...(Interruptions)

MR. SPEAKER : Is it the sense of the House?

SOME HON. MEMBERS : Yes.

SOME HON. MEMBERS : No. It should not be done.

SHRI RAJIV PRATAP RUDY: Sir, please listen to me.

MR. SPEAKER : Shri Rudy, let the Home Minister get the report first. I will give an opportunity for explanation at a later stage, not now.

... (Interruptions)

MR. SPEAKER : I will give an opportunity.

SHRI RAJIV PRATAP RUDY: Sir, my contention is ...(Interruptions) I am prepared. But I must know. Something has happened there with me and the hon. Home Minister says : `How did you escape 17 bullets?' He must be having an explanation how I escaped. I can only say one thing. I am not going into the facts or details. I can say that this House has been deprived of an opportunity to spend two minutes. ...(Interruptions) That is the only thing which he wanted to hear and he would have been happy talking here that only one bullet would have reached me and you would have been happy explaining. That is the point I would like to say. You have your own agencies. I do not trust you all any more. I do not believe what you all say. You have failed absolutely. You have your own agencies. The reports have been sent. They have been there. I would explain, Sir, when you permit me. But I am absolutely dumbfound with the statements made by the Home Minister that : `How did he escape?' It was because of God and the good wishes of my friends that I escaped. It was not because of your protection. ...(Interruptions) I do have a vision and I know how to express myself.

Sir, I must say that the Home Minister is the heartless Home Minister of this country. ...(Interruptions)

MR. SPEAKER : Let me come to the Motion now.

... (Interruptions)

MR. SPEAKER : Please listen. I think that is enough.

I have gone through the contents of the notice. I have also heard very carefully the submissions made by Shri Jaswant Singh followed by Shri George Fernandes. The notice speaks only about the total breakdown of law and order in the State of Bihar and it has explained how. It does not refer to any

constitutional breakdown in the State. Shri Jaswant Singh referred to it. Shri George Fernandes, as usual, argued the case very vehemently.

Assuming for argument's sake that there is a breakdown of law and order situation, not conceding to it, I do not think that Article 256 or Article 257 or Article 365 applies.

The Constitution is very clear. If there is a breakdown of law and order and followed by a constitutional breakdown, the relevant article of the Constitution of India at the moment is 356. So, it has to be applied and therefore for the purpose of Adjournment Motion, I do not think that the question of breakdown of the constitutional machinery can be brought in.

Shri A.C. Jos, on his point of order, has drawn the attention of the House to Rule 58 (iii) where it is stated that the motion shall be restricted to a specific matter of recent occurrence involving responsibility of the Government of India. The rule is very clear that the matter relating to law and order is a State subject and the House cannot discuss the matter of law and order situation in the State. Therefore, I do not think, there is any justification for me to give consent to move the Adjournment Motion. I withhold the consent.

(Interruptions)

SHRI SRIBALLAV PANIGRAHI (DEOGARH): Mr. Speaker, Sir, I have given a notice on an important matter. The Labour Party Government has come to power in United Kingdom.

MR. SPEAKER: Shri Panigrahi, I do not think that the matter which you have raised fits into Zero Hour, because it is much more important than a matter to be raised in Zero Hour. You can raise it through some other method. The matter is regarding the question of the new Government coming into office in United Kingdom, their new policy and how it will affect the relationship with India. I think that this is a matter to be discussed in a different way, not in Zero Hour where the Government cannot respond.

SHRI SRIBALLAV PANIGRAHI: Sir, we welcome the Labour Party Government there. (Interruptions)

MR. SPEAKER: No; I have gone through all the notices.

(Interruptions)

MR. SPEAKER: Today's Zero Hour is already over. I will see tomorrow.

Now, Matters under Rule 377. Shri Dada Baburao Paranjpe - Not present.

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