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HC stays notices to top cop, others by Delhi Assembly

Delhi high court

New Delhi: The Delhi High Court today stayed till July 1 the show cause notices issued to the police by Delhi Assembly’s Privileges Committee on MLA Jarnail Singh’s complaint alleging breach of privilege.

Vacation judge Justice Mukta Gupta passed the order while issuing notice to and seeking reply of Delhi Assembly, its Privileges Committee and Jarnail Singh on plea of Commissioner of Police, Deputy Commissioner of Police (West District) and Station House Officer (SHO) of Tilak Nagar who were recipients of show cause notices on the MLA’s complaint.

“Till next date of hearing, operation of impugned order be stayed,” the court said and listed the matter for further hearing on July 1.

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 show cause 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 show cause notices were issued on May 22 without jurisdiction.

He said the MLA lodged the complaint with the Privilege 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 show cause 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.

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