Seeking the protection of the House, Delhi Law and Justice Minister Kapil Mishra has written to Delhi Assembly Speaker Vijender Gupta claiming that the Punjab Police FIR in the Atishi video row violates Constitutional provisions. He requested that the matter be referred to the House's Committee of Privileges.
Pointing to the FIR registered against him by the Punjab Police on the complaint of Iqbal Singh, the Minister said, “By threatening me with criminal charges, the Punjab Police is trying to browbeat and subdue my actions as an elected representative of the Delhi Assembly.”
“In view of the above, I seek the protection of the House through you to safeguard my rights as an MLA. By brazenly disregarding the constitutional guarantee provided under Article 361 A, the complainant Iqbal Singh and the Punjab Police officers have committed a serious breach of the privilege of an elected member of the House,” wrote Mishra in a letter dated February 2.
“I request you to kindly refer my complaint to the Committee of Privileges so that the guilty persons/officers involved in this incident can be identified and punished,” he said. In his letter, the Minister drew the Speaker’s attention to Article 361A of the Constitution, which provides that no person shall be liable to any civil or criminal proceedings in respect of the publication, in any form, of a substantially true report of the proceedings of Parliament or of a State Legislature, unless it is established that such publication was made with malice.
The Article clarifies that this constitutional protection does not extend to the publication of reports relating to secret sittings of either House of Parliament or of a State Legislature, as the case may be, said Mishra. The Minister has submitted that the initiation of criminal proceedings in connection with the publication of a substantially true account of Assembly proceedings amounts to interference with the functioning and authority of the Legislature, and has therefore requested that the matter be taken cognisance of and referred to the Committee of Privileges for appropriate examination and action.
In his letter, the Minister has drawn attention to Article 361A, which provides that no person shall be liable to any civil or criminal proceedings for the publication, in any form, of a substantially true report of the proceedings of Parliament or a State Legislature, unless such publication is proved to have been made with malice.
The Article further clarifies that this protection does not apply to the publication of reports of secret sittings. Mishra recalled in the letter that on January 6, the House witnessed disorder following objectionable and derogatory remarks made by the Leader of the Opposition, Atishi, against the Sikh Gurus.
He further stated that on January 9, Abhay Verma, Chief Whip, informed the House that an FIR had been registered by the Jalandhar Police alleging that Minister Kapil Mishra had uploaded a “doctored video clip of the House proceedings” on social media.
Referring to a press release issued by the Commissioner of Police, Jalandhar, the Minister stated that the video clip in question was downloaded from his social media handle and that allegations of deliberate doctoring were levelled against him.
Mishra noted that the FIR registration received wide media coverage and that copies of the relevant news reports were enclosed with the letter. The Minister asserted that the video clip he shared was a faithful and accurate reproduction of the proceedings of the Delhi Legislative Assembly and, therefore, fully covered by the constitutional protection available under Article 361A.
The Karawal Nagar legislator, in his letter, stated that the criminal proceedings initiated in this matter undermine the privileges of an elected Member and amount to an attempt to browbeat and subdue him in the discharge of his legislative duties. Mishra said that the conduct of Iqbal Singh and Punjab Police officials reflects blatant disregard for constitutional guarantees and infringes upon the collective privileges of the House.