Delhi High Court declined to stay the privileges committee proceedings against Arvind Kejriwal and Manish Sisodia over alleged misuse of funds in the ‘Phansi Ghar’ renovation case. The Court will now decide the maintainability of their plea on December 12.
In the ongoing ‘Phansi Ghar’ controversy, the Delhi High Court has agreed to hear the petition filed by Aam Aadmi Party (AAP) leaders Arvind Kejriwal and Manish Sisodia, who have challenged the summons issued to them by the privileges committee of the Delhi Legislative Assembly.
The summons relates to allegations of misuse of public funds for renovating a structure claimed to be from the British era.
The matter was heard by Justice Sachin Datta, who will first examine whether the petition itself is legally maintainable before going into the merits of the case.
During the proceedings, senior advocate Jayant Mehta, appearing on behalf of the Delhi Assembly, argued that the issue is still at a preliminary stage and no final action has been taken by the committee so far.
He emphasised that the leaders have only been issued a notice for enquiry and have approached the court prematurely.
Referring to past judicial precedents, Mehta stressed that the parties should cooperate with the investigation instead of resisting it at this stage.
Placing his arguments before the court, Mehta stated,
“The matter has not been taken up by the Committee, no decision has been passed. I am showing the conduct of the parties for challenging the notice.”
He also relied on a Madras High Court ruling to highlight that such notices are serious and should not be ignored, adding,
“This is something serious and you should cooperate with the enquiry.”
Further explaining the current status, he said,
“As of now the question is mute, it is before a fact finding committee.”
He clarified that the petitioners have only received an initial notice to appear before the committee, stating,
“in this case the petitioner has only received notice of the committee enquiring into the facts.”
Reiterating that no conclusion has been reached, he added,
“the facts are yet to be ascertained.”
The court was also informed that the privileges committee holds the power to initiate contempt proceedings if required.
Highlighting the conduct of the AAP leaders, Mehta pointed out that they have failed to appear despite the notice, saying,
“The committee has issued notice to make appearance. They have not appeared even once.”
Taking note of this, the court observed that another notice would now have to be issued. The judge recorded that the petitioners had not complied with the appearance requirement and were seeking deferment on the ground that the matter is pending before the court.
The bench made it clear that no interim relief would be granted at this stage.
The Delhi High Court has now listed the matter for further hearing on December 12, when arguments on the maintainability of the plea will continue.
This case is being closely watched as it involves senior political leaders and raises questions about legislative privilege, judicial oversight, and the scope of enquiry by legislative committees.
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