New Delhi: The 'populist' decision of AAP-led government to hold at a stadium a special assembly session for passage of Jan Lokpal Bill on Wednesday came under the scanner of the Delhi High Court which sought information on any provision that allows transaction of legislative business outside the House.
Seeking a response by Thursday from the Delhi government, the bench of justices B.D. Ahmed and Siddharth Mridul said, "Is there any provision or basis to hold Assembly session at a place which is not a designated place?"
"The other question is when you have an Assembly building then why the session is being transferred to some other place? Whether the Lt Governor has any role in choosing the place as the situation of Delhi's LG is different from governors of other states," it asked.
The counsel for Delhi government responded by saying that the LG, according to a decision of the apex court, is bound to act as per the 'aid and advice' of the council of ministers. In response to the submission that the plea was 'premature', the bench said, "If we are satisfied that the petition is pre-mature then we will throw it out. But you will have to answer some queries."
The court was hearing the plea filed by DU professor Kedar Kumar Mandal seeking to declare as 'invalid' the alleged decision to hold the session at Indira Gandhi Indoor Stadium on February 16 to clear the anti-graft legislation in pursuance of the poll promise made by the Aam Aadmi Party.
"Mandatory procedures have to be observed and legislative proceedings should be carried out within the precincts of the House unless the circumstances are such that the proceedings cannot be held in the House and it becomes imperative to utilise some other infrastructure," the plea, filed through lawyer Nitin Meshram, said.
"An assembly which is organized outside the precincts of the House, in a stadium filled with thousands of people, would vitiate the legislative procedure. Such a populist arrangement would stop the opposition and many other members from expressing their genuine concerns/views fearing the possible reaction from the public and in such circumstance it is certain that their freedom of speech would be curtailed," it said.
The petition also sought a declaration from the court that the 'powers, privileges and immunities of the members of the House are of utmost importance for a democracy and should not be compromised for a political stunt'.
It said that the legislative assembly should normally convene to transact the business of the House at designated place unless warranted by extraordinary circumstances.
"Declare that the proposed expenditure of around Rs 50 lakh towards the organisation of the open Assembly is without any valid justification," it said. Raising legal questions, the petition said that holding the session outside the House, when the circumstances do no warrant it, is not "correct interpretation of Article 174 of the Constitution..."
"Under section 18 of the Government of National Capital Territory of Delhi Act, every member shall have a right to speech and vote from their respective seats without any interruption. "It is not possible in any stadium like Indira Gandhi Indoor Stadium, where mass gatherings are held. It is also not possible at a place where the Speaker cannot maintain House decorum. The Speaker cannot ask any member to go out of the House in case of indiscipline if a session is held on some ground...," the petition said.
There is an elaborate mandatory procedure which has to be followed by the legislature to enact a law and the procedure in no circumstance can be 'forfeited', it said.
"Further, such populist arrangements would stop the Opposition and many other members from expressing their genuine concerns/views fearing the possible reaction from the public and in such circumstance it is certain that their freedom of speech would be curtailed.
"The entire idea of holding an assembly outside the precincts of the House unless it is warranted by any special circumstance vitiates the mandatory procedure and therefore vitiates the Constitution," it said.
AAP, in its poll manifesto had promised to clear the much touted anti-corruption Jan Lokpal Bill at Ramlila Maidan if it assumes office.
