The Ministry of Home Affairs (MHA) made the submission in an affidavit filed before Justice V P Vaish, who is hearing a plea seeking the AAP MLA's prosecution.
"The alleged act of the Respondent 5 (Govind) is in contravention of the provisions laid down under the State Emblem of India (Prohibition of Improper Use) Act, 2005.
"The Respondent 5 is liable to be punished under section 7(1) of the Act for alleged violation of the provisions laid down under section 3 of the Act," the ministry has said in its affidavit.
Section 7(1) of the Act says that "any person who contravenes the provisions of section 3 of the Act shall be punishable with imprisonment for a term which may extend to two years, or with fine which may extend to Rs 5000, or with both..."
The petition filed by Pratyush Kanth, a former journalist and now a member of the Congress, has alleged misuse of the state emblem by the AAP MLA.
"The ID cards issued by the party MLA has the designation of the worker written as 'In-charge Anti Corruption' along with his name and address," the petition, filed through advocate Gaurang Kanth, alleged.