New Delhi, Nov 11 (PTI) The Delhi Legislative Assembly on Wednesday termed as “highly misconceived” a plea by AAP leaders Arvind Kejriwal and Manish Sisodia, challenging the summons issued to them by the Delhi Legislative Assembly's privilege committee over the 'phansi ghar' issue.
The counsel for the Assembly in the Delhi High Court argued that it was not a notice for breach of privilege but was only for assisting the privileges committee in ascertaining the authenticity of ‘phansi ghar’ and giving those facts to the committee.
After hearing part of the arguments, Justice Sachin Datta listed the matter for further proceedings on November 24.
The Delhi Assembly has summoned senior Aam Aadmi Party (AAP) leaders Arvind Kejriwal, Manish Sisodia, Ram Niwas Goel and Rakhi Birla, asking them to appear in person on November 13 before the committee looking into the previous AAP government's 'phansi ghar' (execution room) claims.
Kejriwal and Sisodia have approached the high court challenging the summons, saying that the notice showed that the proceedings are not founded on any complaint or report or refer to a motion of breach of privilege or contempt.
Their petition said the reference to the committee appeared to be for verifying "authenticity" — a function beyond the remit of the Delhi Legislative Assembly and especially its privileges committee, that too for the next Vidhan Sabha.
"The proceedings suffer from lack of jurisdiction, procedural illegalities, constitutional infirmities and colourable exercise of legislative power. They violate the fundamental rights of the petitioners under Articles 14, 19 and 21 of the Constitution and are liable to be quashed," the plea said.
The 'phansi ghar' was inaugurated in the presence of Kejriwal and Sisodia inside the assembly complex on August 22, 2022, when they were serving as Delhi chief minister and deputy chief minister, respectively. While Kejriwal was the chief guest, the then deputy speaker Rakhi Birla was the guest of honour, and Goel presided over the ceremony.
The 'phansi ghar', as per AAP, was installed as a symbolic memorial relating to the freedom struggle and the sacrifices made by freedom fighters, and the inauguration was a matter of public knowledge.
However, after the BJP came to power in Delhi in February, Speaker Vijender Gupta, during the Monsoon session, told the House that the so-called British-era 'phansi ghar', inaugurated in the Assembly premises by Kejriwal, was originally a "tiffin room".
Displaying a 1912 map of the Assembly complex, Gupta had said that there was no documentation or evidence indicating that the space was used for executions. He had referred the matter to the committee for examination and report.
Subsequently, summons were issued to the AAP leaders mentioned above in the matter.
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