Amid the controversy over its Parliamentary Secretaries, the Aam Aadmi Party (AAP) said it would drag to court those attempting to “pass judgment” on the fate of its 21 legislators as the matter was under the consideration of the Election Commission (EC).
Claiming that proceedings in the EC are akin to ones in the court of law, the AAP said it was mulling filing a contempt litigation in the High Court against those who have allegedly leaked a document related to the issue of office of profit of the 21 MLAs.
Senior lawyer and AAP leader H.S. Phoolka said the party’s Rajouri Garden MLA Jarnail Singh approached him following reports by some TV channels that they had procured a ‘note’ pertaining to the 21 AAP MLAs.
Criminal proceedings
Mr. Phookla said he will seek permission from the advocate general so that criminal contempt of court proceedings could be initiated against TV channels.
“Some channels and some leaders are claiming that they procured the note from the EC. Showing this on TV means influencing the EC. This is criminal contempt. We are seeking permission from the advocate general to file a criminal contempt case,” Mr. Phoolka said.
He added that under section 146/4 of the Representation of People’s Act, proceedings under EC are similar to judicial proceedings.
“This means, it is a court and it is yet to take any decision on this. The note must have been prepared by a clerk. The main decision is to be taken by the EC and there is no note binding on them. Any person who does any act to influence the judge amounts to contempt of court,” Mr. Phoolka added.
