The Delhi High Court on Friday put on hold the notice to the Delhi Police Commissioner and two other officers issued by the Delhi Assembly's Privileges Committee on ruling Aam Aadmi Party member Jarnail Singh's complaint.Justice Mukta Gupta suspended the May 22 notice till July 1 while hearing the plea of police officers for quashing the notice.In his complaint to the Delhi Assembly's 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.
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 duty of a municipal engineer who was trying to demolish an illegal construction in his constituency.The court also issued notice to the Delhi assembly, its privileges committee and Jarnail Singh on the plea of police.Additional Solicitor General (ASG) Sanjay Jain appearing for police told the court that the police statements cited by the legislator in his complaint do not constitute breach of privilege.The statements were allegedly made by the police commissioner after an FIR was registered against Singh and investigation was going on and his first anticipatory bail plea was rejected by the trial court on May 2, the ASG added.
The plea said that on May 11, 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 plea of police said.