Kejriwal petition challenging assembly summons in Phansi Ghar row ‘premature’, Delhi HC told

Delhi Assembly argues in court that AAP leaders' petitions are premature; no privilege breach allegations yet in "Phansi Ghar" controversy.

New Delhi

The next hearing is scheduled for January 8, when the AAP’s lawyer is expected to make rejoinder submissions. (Representative photo)

The Delhi Legislative Assembly on Friday told the Delhi High Court that the petitions filed by former chief minister Arvind Kejriwal and former deputy chief minister Manish Sisodia, challenging the summons issued to them by the Privileges Committee in connection with the “Phansi Ghar” controversy, were “premature”.

Representing the assembly, lawyer Jayant Mehta submitted before a bench of justice Sachin Datta that the committee had not yet levelled any allegation of breach of privilege or contempt of House against the Aam Aadmi Party (AAP) leaders and was only examining the facts regarding the existence of a “Phansi Ghar (gallows)”.

He submitted that although the committee, as of today, was only examining the facts, the leaders’ failure to appear was barring the committee from proceeding. Mehta said that failure to appear amounted to contempt of the House.

“The writ petition is completely premature. The committee is yet to come to the conclusion. There have been no allegations (of breach of privilege and contempt of house) against them (AAP leaders). The committee is currently examining. Breach of privilege motion is yet to be moved in the house... Non appearance amounts to contempt of the house, thus it’s a very very serious matter…. At the moment they have only been called for facts... None’s life or liberty is being threatened in any manner, whatsoever,” Mehta submitted.

The senior counsel said that the matter was referred to the committee by the current speaker, Vijender Gupta, only after a discussion in the House.

The issue snowballed into a controversy when Vijender Gupta, earlier this year, dismissed the previous AAP government’s claim that a chamber at the assembly was once used by the British to hang freedom fighters. In 2022, the AAP government had converted the chamber into a memorial honouring “martyrs”, featuring murals of revolutionaries Bhagat Singh, Rajguru and Sukhdev, a symbolic hanging rope, and red-brick heritage-style walls. A plaque credited to Kejriwal and ex-speaker Ram Niwas Goel carried an inscription that read: “Innumerable unknown freedom fighters have been hanged here.”

However, Gupta, during the Monsoon Session in August, dismissed the claims and presented building maps showing that the chamber was, in fact, a service shaft or tiffin lift area, not a gallows. Following his disclosure, the area was renamed the “Tiffin Room”, and the plaque and symbolic elements were removed.

On November 4, the committee issued a summons to four AAP leaders, including Kejriwal and Sisodia, asking them to appear on November 13 to verify the authenticity of the “Phansi Ghar”.

In their petition, the AAP leaders asserted that the notices were issued without following procedure. It went on to add that the assembly committee’s reference for verifying the authenticity of “Phansi Ghar” was beyond its remit, since the acts and omissions of the 7th tenure of the Assembly could not be inquired by way of privilege by the 8th tenure of the assembly.

The next hearing is scheduled for January 8, when the AAP’s lawyer is expected to make rejoinder submissions.