Issuing notice to the Delhi Assembly, its Privileges Committee and Jarnail Singh seeking their reply, the Delhi High Court on Friday stayed till July 1 the showcause notices issued to the police by Delhi Assembly’s Privileges Committee. It had issued showcause notice to the police on MlA Jarnail Singh’s complaint alleging breach of privilege.
Vacation judge justice Mukta Gupta passed the order on the plea of Commissioner of Police, Deputy Commissioner of Police (West District) and Station House Officer (SHO) of Tilak Nagar who were recipients of showcause notices on the MlA’s complaint. listing the matter for further hearing on July 1, the court said, “Till next date of hearing, operation of impugned order be stayed.” The court also observed that if it was accepted there was breach of privilege in the instant case, “then it would mean no FIR could be lodged against an MlA.”
The Privileges Committee had on May 22 issued showcause notices on Singh’s plea that police officials committed breach of privilege by claiming he was absconding after an FIR was lodged against him for allegedly interfering with duty of an MCD engineer trying to demolish an alleged illegal construction. Additional Solicitor General (ASG) Sanjay Jain contended that the allegations raised by Singh in his complaint do not constitute breach of privilege as such statements were allegedly made by the Police Commissioner after an FIR was registered against the MlA and investigation was ongoing and because his first anticipatory bail plea was rejected by the trial court on May 2. Singh has alleged that the SHO of Tilak Nagar police station had insulted him.
Refuting the allegations made by Singh in his complaint, the ASG, assisted by advocate Neeraj Jain, questioned whether an MlA was “immune” to law and added that the showcause notices were issued on May 22 without jurisdiction. He said the MlA lodged the complaint with the Privileges Committee on May 11 after he was granted anticipatory bail by the High Court, and the panel in a meeting held on May 14 took cognisance of it.
The plea, filed on behalf of the police officers, has sought quashing of the showcause notices saying Singh did not possess any privilege when he obstructed, illegally detained and beat up a public servant as well as tore away official orders. The High Court had on May 6 granted anticipatory bail to Singh and had asked him not to leave Delhi without its permission. The court had also directed Singh “not to make, directly or indirectly, any inducement, threat or promise to any person acquainted with the facts of the accusation against him so as to dissuade him from disclosing such facts to the court or to any police officer….”