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Petition In Delhi HC To Quash Speaker’s Order: Imprisonment For Throwing Pamphlets In Delhi Assembly

Team SoOLEGAL 8 Jul 2017 4:04pm

Petition In Delhi HC To Quash Speaker’s Order: Imprisonment For Throwing Pamphlets In Delhi Assembly

A Petition has been filed before the Delhi High Court, challenging the Delhi Assembly Speaker’s order of imprisonment handed down to two men who had thrown pamphlets in the Assembly last week.

The Assembly had witnessed high-pitch drama after two visitors had hurled pamphlets and raised slogans demanding resignation of Health Minister Mr. Satyendar Jain. AAP MLA Saurabh Bharadwaj had then moved a motion against the duo- Jagdeep Rana and Ranjan Kumar. Consequently, Speaker Ram Niwas Goel had sentenced the two to one month of rigorous imprisonment.

The Petition filed by the duo now alleges that the order is illegal, as it was issued without affording them an opportunity of being heard. Further, it points out that the order does not disclose the reasons for imposition of the sentence, which has been awarded in ignorance of the other forms of punishments prescribed by Rules 77 of the Legislative Assembly of National Capital Territory of Delhi Rules of Procedure and Conduct of Business, 2002.

The Petitioners go on to state that the pamphlets were thrown in order to“attract the attention of the party and government to glaring issues” that had been brought before them; in particular, the corruption charges against a Minister which was “causing much humiliation to the party cadres before the general public at large”.

“The petitioners had no intention to breach the privilege of the legislative assembly or to commit contempt of the same. The petitioners had no intention to cause any damage to property or to the person of the Legislators/staff present inside the Legislative Assembly on that fateful day. The intention of the petitioners was only to draw the attention of the government and the party to the glaring issues, which were being exploited by the opposition in defaming the party,” the Petition further states.

It, thereafter, demands quashing of the Speaker’s order, as well as an interim order of their release during the pendency of the Petition.

Read the Petition Here

Source: LiveLaw



Tagged: Delhi Assembly Speaker’s order   Delhi High Court  
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