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Telangana HC refuses to vacate order on BRS MLAs’ Assembly entry

The court noted that the police were expected to maintain law and order, and not misbehave with MLAs. It also found nothing on record to suggest that women legislators misbehaved with police.

Published Sep 29, 2026 | 6:50 PM ⚊ Updated Sep 29, 2026 | 6:50 PM

The Telangana High Court. Credit: tshc.gov.in/
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Synopsis: The court reiterated its stance that legislators may enter the assembly and said police cannot stop them, as only the Speaker can act on rule violations. The court modified the second direction, instructing DGP CV Anand to take action against police officers found to be at fault during the scuffle.

The Telangana High Court on Tuesday, 29 September, refused to vacate its interim order that barred police from stopping Bharat Rashtra Samithi (BRS) legislators from entering the Assembly.

The court, however, changed its directions regarding action against erring police personnel.

Justice Tangirala Madhavi Devi was hearing an application filed by the State and police respondents, who sought to vacate the 7 September order and dismiss the writ petition filed by the BRS Legislature Party.

Also Read: BRS calls scuffle photos AI-generated, CMO says ‘unofficial’ release

Writ petition and order

The writ petition followed the BRS MLAs and MLCs’ protest outside the Assembly on 7 September, the first day of the Monsoon session. BRS leaders, many in slogan-imprinted black T-shirts, were stopped at the gate by the police personnel, leading to a scuffle.

The party alleged in its petition that police obstructed the legislators, misbehaved with women members, and manhandled several MLAs, some of whom were injured.

The court had then directed the police not to stop legislators from entering the House. It clarified that any violation of Assembly rules was a matter for the Speaker, not the police. It also asked the Director General of Police (DGP) to identify the erring officials, take strict action, and report back.

Also Read: Police prevent BRS leaders from proceeding to KCR’s Erravelli farmhouse

The arguments

The Advocate General argued on Tuesday that the writ petition was not maintainable, since a political party cannot claim violation of fundamental rights, which are personal to individuals. He also said the incident took place within the Assembly precincts and that the police were acting on the Speaker’s directions.

He said BRS legislators had violated the Speaker’s Bulletin No. 34, which bars slogans and demonstrations in the precincts. According to him, they had also disregarded the Commissioner of Police’s prohibitory notification covering a 4-km radius around the Assembly.

The Advocate General alleged that some MLAs pushed police personnel and tried to force their way through the gate. He said Saifabad police station had registered an FIR and submitted photographs showing injured women police personnel.

He denied that BRS MLA Sunitha Laxma Reddy’s saree was pulled or that Sabitha Indra Reddy was held by her neck. He added that directing action against police personnel would demoralise the force.

The BRS senior counsel argued that the Speaker’s directive was created only after the court had passed its order. He noted that the FIR was registered at 4 pm, half an hour after the HC passed the interim order.

He said the petitioner was the BRS Legislature Party, a body recognised by the Assembly, and not a political party. He argued that the slogans targeted the Congress rather than the government, and that nothing barred black T-shirts. He added that the women MLAs wore only black sarees, yet they too were stopped.

Also Read: BRS MLC Tata Madhu arrested over abusive remarks against Speaker

Court findings

The court found that the prohibitory notification covers public meetings and processions near the Assembly, not members entering the House. It noted that the FIR does not allege any violation of the notification.

On the women legislators, the court observed that the State only denied the allegations and offered no explanation for their treatment. It also did not explain why they were taken to BRS Bhavan.

The court reiterated its stance on legislators entering the assembly, saying police cannot stop them, as the Speaker alone can act on rule violations. The court modified the second direction that instructed DGP CV Anand to take action against police officers found at fault during the scuffle.

The court said if the incident occurred inside the Assembly precinct and the police were acting on the Speaker’s directions, their conduct also falls under the Speaker’s jurisdiction. The court directed the DGP to identify the officials who misbehaved with or manhandled the women legislators and furnish the details to the Speaker for action.

If the incident occurred outside the precincts, at the Assembly entry point, the DGP must report to the court instead.

The court noted that the police were expected to maintain law and order, and not misbehave with MLAs. It also found nothing on record to suggest that women legislators misbehaved with police.

(Edited by Majnu Babu).

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