Privilege notice to Delhi Police personnel quashed: HC told

The Delhi High Court was on Wednesday told by the Delhi assembly that the show cause notice issued to the Delhi Police commissioner and two others by the assembly's Privileges Committee on AAP member Jarnail Singh's complaint alleging breach of privilege have been quashed.

Justice V.P. Vaish was informed that the notice sought reply from the police commissioner which he has filed and was satisfactory, and the proceedings were dropped on June 4.

The court asked the Delhi assembly counsel to file an affidavit stating the submissions before July 8.

In his complaint to the Privileges Committee, Jarnail Singh alleged that the police commissioner, deputy commissioner of police (west district) and the station house officer (SHO) of Tilak Nagar committed breach of privilege by making a statement that he was absconding after an FIR was registered against him.

Jarnail Singh said police made the statement to media persons that he was absconding after an FIR was lodged against him for allegedly assaulting and interfering with the duty of a municipal engineer who was trying to demolish an illegal construction in his constituency.

Additional Solicitor General Sanjay Jain, appearing for police, had earlier told the court that the police statements cited by the legislator in his complaint do not constitute breach of privilege.

The plea said that on May 11, Jarnail Singh lodged the complaint with the Privileges Committee after he was granted anticipatory bail by the high court, and the panel in a meeting held on May 14 took cognizance of it.

"The petitioners (police) have been acting in accordance with rules and procedures while discharging their official, statutory duties and they are entitled and obligated to do so freely/without fear. The impugned notice encroaches upon their otherwise untrammelled powers to investigate on a complaint alleging commission of offences punishable under the Penal Code," the police plea said while challenging the notice.