"Why were you behaving like Bhagat Singh? Is this not a free country yet," the Delhi High Court today asked two persons who had thrown pamphlets and raised slogans in the Delhi Assembly during a session.
"What were you inviting attention to? Why were you re- creating what Bhagat Singh did," a bench of Justices Siddharth Mridul and Najmi Waziri asked during the hearing of the duo's plea against Assembly Speaker Ram Niwas Goel's order sending them to 30 days of rigorous imprisonment for their action.
The court also questioned the maintainability of their plea against the Speaker's June 28 decision as it was a habeas corpus petition and it did not assail the rules under which they were sent to jail for "breach of privilege and contempt of the House".
A habeas corpus petition is filed to ensure a person under arrest is brought before a court which will determine whether the detention was legal or illegal.
The court observed that the issue of illegal detention by the State, as alleged by the petitioners, was a "serious matter".
Since the petitioners, represented by advocate Pradeep Rana, had not challenged the rules under which the Speaker had taken the decision, the bench gave them time till tomorrow to decide what course of action, including amending their plea, they wished to take.
During the proceedings, the court asked the petitioners' lawyer how a habeas corpus can be maintainable in the instant situation.
It also said if the petitioners are claiming that the Legislative Assembly of National Capital Territory ofDelhi Rules of Procedure and Conduct of Business 2002 were not followed, then the matter may have to go before another bench.
If the constitutional validity of the rules was challenged, then too the matter may have to go before another bench, the court said.
The petitioners' lawyer, on the other hand, said a habeas corpus was maintainable as the detention of the two, Jagdeep Rana and Rajan Kumar Madan, was "illegal".
The two, who were sitting in the Visitors Gallery of the assembly, had hurled pamphlets and raised slogans demanding resignation of Delhi Health Minister Satyendar Jain.
The men, in their plea, have claimed they were allegedly thrashed by the Aam Aadmi Party (AAP) MLAs.
The two detainees have alleged that the Speaker's June 28 decision was taken without hearing them and therefore, it was "absolutely illegal and violates the principles of natural justice" and have sought their immediate release. They have also contended that under the rules no rigorous imprisonment can be awarded.
Appearing for the Speaker, Delhi government standing counsel Rahul Mehra said the Speaker need not have heard them as the incident occurred in the presence of all legislators.
In their petition, the two claimed that their intention was to draw the attention of the government and AAP leaders to the "glaring issues of corruption" plaguing the party.
They have also said they had no intention of breaching the privilege of the legislative assembly, commit contempt of the same, damage any property or harm any of the legislators.
Jagdeep, who claims to be the Vice President of AAP's Delhi Unit, and Madan, who says he is incharge of the AAP for the states of Punjab and Chhattisgarh, have contended that no reason has been recorded for awarding them such a severe punishment.
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