The Delhi High Court on Tuesday raised doubts over the maintainability of Arvind Kejriwal and Manish Sisodia’s plea challenging a summons from the Assembly’s Privileges Committee regarding the alleged misuse of funds for the “Phansi Ghar” renovation. The court adjourned the hearing till tomorrow.
New Delhi: The Delhi High Court on Tuesday showed doubts about whether the petition filed by former Delhi Chief Minister Arvind Kejriwal and ex-Deputy Chief Minister Manish Sisodia against a summons issued by the Delhi Legislative Assembly’s privileges committee can even be legally accepted.
The summons was related to allegations that Kejriwal and Sisodia misused public money while renovating the “Phansi Ghar” (execution chamber) located inside the Delhi Assembly complex.
Justice Sachin Datta heard the matter today and observed that, prima facie, the plea seemed “not maintainable.” However, the judge postponed the hearing till tomorrow after the lawyer representing the Delhi Assembly requested more time.
Senior Advocate Jayant Mehta, appearing for the Delhi Legislative Assembly, questioned the maintainability of the plea filed by the Aam Aadmi Party (AAP) leaders.
On the other hand, Senior Advocate Shadan Farasat, appearing for Kejriwal and Sisodia, argued that
“the plea is maintainable and that the petitioners’ case is covered by the judgments of the Supreme Court.”
The case arises from a controversy over a structure inside the Assembly complex that the former AAP government had identified as a British-era “phansi ghar” (execution chamber).
This structure was inaugurated in August 2022 by Kejriwal, Sisodia, and other AAP leaders.
However, the current BJP-led government has disputed this claim, stating that the building was actually a service staircase or tiffin room, and that Kejriwal, Sisodia, and others distorted history and spent public funds improperly on the “fabricated site.”
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According to reports, during the Assembly session in September, Speaker Vijender Gupta alleged that the Kejriwal government spent around Rs 1 crore to renovate the place and make it appear like a jail, complete with murals of freedom fighters, iron bars, and even a pair of nooses.
The Privileges Committee, headed by BJP MLA Pradyumn Singh Rajput, is scheduled to meet on November 13 to check the authenticity of the so-called “phansi ghar”.
In their petition before the High Court, Kejriwal and Sisodia argued that the privileges committee proceedings were not based on any complaint, report, or motion of breach of privilege or contempt.
They pointed out that
“no procedure applicable for privileges committee under Rules 66, 68, 70, 82, or Chapter XI of the Assembly Rules has been followed.”
The AAP leaders further argued that the committee appeared to be
“verifying the authenticity of the structure,” which is a task “beyond the remit of the Delhi Legislative Assembly and especially its Privileges Committee.”
They also stated that
“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 Delhi High Court will continue hearing the case tomorrow.
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