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Journalism of Courage
After Arvind Kejriwal failed to appear before the Privileges Committee of the Delhi Assembly at least twice, Delhi High Court has clarified verbally that “there’s no interim order” of the court in favour of the former Chief Minister, and even the maintainability of his plea before the court is “doubtful”.
Kejriwal, the national convener of the Aam Aadmi Party (AAP), and Manish Sisodia, the former Deputy Chief Minister of Delhi, have challenged the notices issued as part of an inquiry into the inauguration after restoration of a purported Raj-era execution chamber on the premises of the Assembly in 2022.
Appearing for the Assembly and Privileges Committee, senior advocate Jayant Mehta told Justice Sachin Datta on Monday, “They are seeking adjournment before the [Privileges] Committee citing pending Delhi HC proceedings.”
Mehta submitted that no summons had been served on the two AAP leaders – rather, “In the present set of facts, what they’ve received is only a notice from the Committee regarding the inquiry into the facts.”
“They’re coming to the court at the stage where facts are yet to be ascertained. They’re preempting…,” Mehta said.
Justice Datta remarked orally: “There is no interim order [in favour of the AAP leaders] and maintainability [of the prayer] is doubtful….” The court recorded Mehta’s objection to the AAP leaders’ non-compliance with the Committee’s notice.
It noted, “[Mehta] submits that despite the statement being made in the last date that [the petitioners, Kejriwal and Sisodia] are not pressing for interim relief, petitioner has not adhered to the summons… [Mehta submits that] instead of appearing [before the Committee], they are seeking to defer…appearance on grounds of pending proceedings… It is clarified that no interim order is there…”
The court will now hear the case on December 12.
In 2022, Kejriwal, who was Chief Minister at the time, had inaugurated a structure in the Assembly building, which was claimed to be a phansi ghar. This August, Assembly Speaker Vijender Gupta of the BJP told the House that according to the historical record, the said structure was actually a “tiffin room”. As the controversy escalated, Chief Minister Rekha Gupta had accused the previous AAP government of misleading the people.
Historians have said it was “unlikely” that the structure in the Assembly building was a “phansi ghar” at any time.
In their petition filed before the court, Kejriwal and Sisodia have contended that the Committee does not have jurisdiction in this matter, and that it has failed to comply with procedural safeguards.
The Committee was supposed to meet on November 13 “to deliberate the matter regarding the “Faansi Ghar” inaugurated on August 9, 2022 in Delhi Legislative Assembly premises”, according to the notice issued by the Legislative Assembly Secretariat on September 9.
Kejriwal had been asked to appear in person before the panel. In his response sent on September 19, Kejriwal argued that the communication of the Committee “has been issued after a delay of over 3 years from the date of the incident”, and after the dissolution of the then Assembly. He objected to the notice on legal grounds, and described it as a “vendetta oriented distraction strategy”.
Citing judgments of the Supreme Court, Kejriwal submitted that “after the dissolution of the 7th Legislative Assembly of Delhi, the 8th Legislative Assembly…cannot initiate privilege action for actions of the members in the 7th Legislative Assembly”.
The Seventh Assembly was dissolved in February 2025 after the completion of the election process that ended the AAP’s time in power in Delhi, and brought the BJP to power.
