The Delhi High Court on Monday questioned the maintainability of a plea by two persons challenging the Delhi Assembly Speaker’s order sending them to jail for throwing pamphlets and sloganeering in the House.
A bench of Justices Siddharth Mridul and Najmi Waziri wondered how a habeas corpus plea, as filed by the two, can be heard by it when the rules under which the decision was taken by the Speaker have not been challenged.
The bench also said that if the Constitutional validity of the rules are challenged then the plea may have to go before another judge or bench.
It gave the petitioners, represented by advocate Pradeep Rana, time till Tuesday to decide what course of action, including amendment of their plea, do they wish to take.
The two persons, Jagdeep Rana and Rajan Kumar Madan, who were sitting in the visitors gallery, had hurled pamphlets and raised slogans demanding resignation of Delhi Health Minister Satyendar Jain.
The two have claimed they were allegedly thrashed by the Aam Aadmi Party (AAP) MLAs.
The two have alleged that the Speaker’s June 28 decision was taken without hearing them and therefore, it was “absolutely illegal and violates the principles of natural justice” and have sought their immediate release.
Appearing for the Speaker, Delhi government standing counsel Rahul Mehra said the Speaker need not have heard them as the incident of “breach of privilege and contempt of the House” occurred in the presence of all legislators.
