Why were you behaving like Bhagat SinghIJ Is this not a free country yet," the Delhi High Court on Monday asked two persons who had thrown pamphlets and raised slogans in the Delhi Assembly during a session.
"What were you inviting attention toIJ Why were you re- creating what Bhagat Singh did," a Bench of Justices Siddharth Mridul and Najmi Waziri asked during the hearing of the duo's plea against Assembly Speaker Ram Niwas Goel's order sending them to 30 days of rigorous imprisonment for their action.
The court also questioned the maintainability of their plea against the Speaker's June 28 decision as it was a habeas corpus petition and it did not assail the rules under which they were sent to jail for "breach of privilege and contempt of the House".
A habeas corpus petition is filed to ensure a person under arrest is brought before a court which will determine whether the detention was legal or illegal.
The court observed that the issue of illegal detention by the State, as alleged by the petitioners, was a "serious matter".
Since the petitioners, represented by advocate Pradeep Rana, had not challenged the rules under which the Speaker had taken the decision, the bench gave them time till tomorrow to decide what course of action, including amending their plea, they wished to take.
During the proceedings, the court asked the petitioners' lawyer how a habeas corpus can be maintainable in the instant situation.
It also said if the petitioners are claiming that the legislative Assembly of National Capital Territory of Delhi Rules of Procedure and Conduct of Business 2002 were not followed, then the matter may have to go to another Bench.