Delhi HC lists Kejriwal's plea for further hearing against summons issued by privilege committee

New Delhi [India], November 12 : The Delhi High Court on Wednesday listed for further hearing the plea of Arvind Kejriwal and Manish Sisodia challenging the summons issued to them by the privilege committee of the Delhi legislative Assembly in the Phaansi Ghar Dispute. The High Court heard the arguements on the maintainability of the plea.
Justice Sachin Datta heard the arguements by Senior Advocate Sadan Farasat for the applicants and Senior Advocate Jayant Mehta for the Delhi Legislative Assembly.
The bench has listed the matter for further hearing on November 24.
The bench was hearing the submissions made by senior counsel Jayant Mehta, who stated that the committee had issued a notice to the petitioner for an inquiry to ascertain the authenticity of Fansi Ghar.
The notice was issued after due deliberation by the members of the legislative assembly. It was neither a summons nor a coercive action.
On the other hand, at the outset of the hearing, senior advocate Sadan Farasat, counsel for Arvind Kejriwal and Manish Sisodia submitted that the Fansi Ghar was inaugurated on 28th August 2022.
He also submitted that after three years, the house discussed the issue in August. The matter was referred to the Privilege Committee.
The new house can't issue summons to the members of the previous assembly. It is a coercive exercise of power by the committee, a Senior advocate stressed.
Can I look into this, justice Sachin Datta asked. Yes, the court can see into this as per the earlier decision of the court, the counsel submitted.
It was also submitted that the Power comes to the committee for the smooth functioning of the House. This Fansi Ghar is not connected with the functioning of the House.
While concluding his arguments on maintainability, the senior counsel submitted that the House is dissolved, and no motion is pending. Secondly, there is no issue. Essential to the legislative functioning of the legislative assembly is involved.
The burden to show the proof is upon the respondent to explain how this issue was related to the smooth functioning of the assembly.
On the other hand, senior advocate Jayant Mehta rebutted that It is not a notice to breach of privilege. They have been called for an inquiry. He also referred to the Rule book.
The Delhi High Court on Tuesday orally remarked that the plea against the Privilege Committee summons moved by Arvind Kejriwal and Manish Sisodia is Prima facie not maintainable.
Former Delhi CM Arvind Kejriwal and former Deputy CM Manish Sisodia have challenged the summons issued to them by the Privilege Committee of the Delhi Legislative Assembly.
The committee summoned them over alleged misuse of funds for the renovation of Fansi Ghar (Execution Chamber) in the Assembly premises. Senior Advocate Sadan Farasat appeared for Kejriwal and Sisodia, stating that the plea is maintainable and would present judgments to this effect. He also said that there were three judgments of this court in favour of the applicants.
The committee is investigating the alleged misappropriation of funds for renovation. This structure, situated in the Delhi Assembly, was inaugurated in August 2022 in the presence of the former CM and other AAP Leaders.
The AAP Government claimed that the structure dates back to the British Era. This claim was disputed by the BJP-led Delhi Government. BJP said that the structure was originally a tiffin room/staircase.
AAP leader have moved the plea quashing of the summons issued by the privilege committee. It is stated that the present privilege committee cannot called upon the members of the previous committee on any issues.
The committee has asked AAP leaders to appear before it on November 13.