Delhi HC says Kejriwal, Sisodia plea on ‘phansi ghar’ summons not maintainable

426

The Delhi excessive court docket on Tuesday noticed that the petitions filed by former chief minister Arvind Kejriwal and former deputy chief minister Manish Sisodia difficult the summons issued by the Delhi Meeting’s Privileges Committee in reference to the controversial ‘phansi ghar’ (gallows chamber) are “prima facie not maintainable”.

Aam Aadmi Social gathering chief Arvind Kejriwal. (PTI)

A bench of justice Sachin Datta made the comment after the committee’s counsel Jayant Mehta questioned the maintainability of the petitions and sought to defer the listening to to Wednesday, citing his engagement in one other matter earlier than the Supreme Courtroom.

Nevertheless, Kejriwal and Sisodia’s counsel, Shadan Farasat, opposed the request, arguing that the Privileges Committee lacked the jurisdiction to subject the summons. Contemplating the submissions, the court docket adjourned the listening to to Wednesday. “Prima facie it’s not maintainable. We’ll have it tomorrow,” justice Datta stated.

The controversy over the ‘phansi ghar’ arose earlier this 12 months when Speaker Vijender Gupta dismissed the earlier Aam Aadmi Social gathering (AAP) authorities’s declare that the room, transformed in 2022 right into a memorial honouring “martyrs”, had been utilized by the British to hold freedom fighters.

The restored web site featured murals of freedom fighters Bhagat Singh, Rajguru, and Sukhdev, together with a symbolic hanging rope and heritage-style red-brick partitions. A plaque credited to Kejriwal after which Speaker Ram Niwas Goel carried an inscription stating, “Innumerable unknown freedom fighters have been hanged right here.”

Throughout the monsoon session in August, Gupta offered constructing maps suggesting that the chamber was, in actual fact, a service shaft or tiffin carry space, not a gallows. Following this, the realm was renamed the ‘Tiffin Room’, and the plaque and symbolic components have been eliminated.

On November 4, the Privileges Committee issued summons to 4 AAP leaders, together with Kejriwal and Sisodia, directing them to look on November 13 to confirm the authenticity of the “Phansi Ghar,” which had been restored and inaugurated throughout their earlier time period.

Of their petition, the AAP leaders termed the notices “wholly extraneous to legislative privilege” and argued that that they had been issued with out following due process. They contended that the reference to confirm the authenticity of ‘phansi ghar’ was past the remit of the Delhi Legislative Meeting and its Privileges Committee, since acts and omissions of the earlier (seventh) Meeting couldn’t be inquired into by the current (eighth) Meeting.

The petition, filed via advocate Talha Abdul Rehman, additional said that the committee had no jurisdiction to adjudicate the authenticity of the ‘phansi ghar’, because the matter had already been taken under consideration by the previous Speaker and Deputy Speaker. It additionally claimed that the summons have been issued with out contemplating the leaders’ replies to a September discover looking for their feedback on the memorial inaugurated inside the Meeting premises.