The Delhi High Court on Tuesday said prima facie the plea of AAP leaders Arvind Kejriwal and Manish Sisodia, challenging the summons issued to them by the Delhi Legislative Assembly's privilege committee over the 'phansi ghar' issue, is "not maintainable".
Justice Sachin Datta made the oral observation as the petition came up for hearing and listed it for further proceedings on Wednesday at the request of the counsel representing the office of the legislative assembly as he was busy in some other court.
The Delhi Assembly has summoned senior Aam Aadmi Party (AAP) leaders Arvind Kejriwal, Manish Sisodia, Ram Niwas Goel and Rakhi Birla, asking them to appear in person on November 13 before the committee looking into the previous AAP government's 'phansi ghar' (execution room) claims.
Kejriwal and Sisodia have approached the high court challenging the summons, saying that the notice showed that the proceedings are not founded on any complaint or report or refer to a motion of breach of privilege or contempt.
During the brief hearing, the counsel for the office of legislative assembly, committee of privileges and the deputy secretary (legislation), raised a preliminary objection saying that the petition was not maintainable.
He urged the court to hear the matter on Wednesday.
The counsel for the AAP leaders prayed that notice be issued in the stay application as the impugned notice, challenged by them, was per se without jurisdiction.
The 'phansi ghar' was inaugurated in the presence of Kejriwal and Sisodia inside the assembly complex on August 22, 2022, when they were serving as Delhi chief minister and deputy chief minister respectively. While Kejriwal was the chief guest, the then deputy speaker Rakhi Birla was the guest of honour and Goel presided over the ceremony.
Challenging the summons, the petition said the reference to the committee appeared to be for verifying "authenticity" - a function beyond the remit of the Delhi Legislative Assembly and especially its privileges committee, that too for the next Vidhan Sabha.
"The proceedings suffer from lack of jurisdiction, procedural illegalities, constitutional infirmities and colourable exercise of legislative power. They violate the fundamental rights of the petitioners under Articles 14, 19 and 21 of the Constitution and are liable to be quashed," the plea said.
It said that more than three years after the inauguration of the 'phansi ghar' and several months after the dissolution of the Seventh Assembly, the issue relating to the authenticity of the structure was raised for the first time in the Eighth Legislative Assembly of Delhi on August 5.
The 'phansi ghar' was installed as a symbolic memorial relating to the freedom struggle and the sacrifices made by freedom fighters, and the inauguration was a matter of public knowledge.
The plea said the legislature may have powers to set up committees to inquire into matters to inform legislation or for public oversight, but the brick and mortar design and restoration in the premises of the Delhi Legislative Assembly is neither to inform legislation nor for public oversight.
It said the privileges committee does not have the jurisdiction to examine the authenticity of the historical facts which had been taken into account the previous incumbent speaker and deputy speaker and to proceed against dignitaries who attended the inauguration.
"Even though the petitioners had replied to the notice of September 9, 2025, the same has not been duly considered and the notice for sitting summons dated November 4, 2025 makes no reference to the objections or grounds raised by the petitioners in their respective replies," the plea said.
During the Monsoon session in August, Speaker Vijender Gupta told the House that the so-called British-era 'phansi ghar', inaugurated in the Assembly premises by Kejriwal with much fanfare in 2022 following renovation, was originally a "tiffin room".
Displaying a 1912 map of the Assembly complex, Gupta had said that there was no documentation or evidence indicating that the space was used for executions. He had referred the matter to the committee for examination and report.
Justice Sachin Datta made the oral observation as the petition came up for hearing and listed it for further proceedings on Wednesday at the request of the counsel representing the office of the legislative assembly as he was busy in some other court.
The Delhi Assembly has summoned senior Aam Aadmi Party (AAP) leaders Arvind Kejriwal, Manish Sisodia, Ram Niwas Goel and Rakhi Birla, asking them to appear in person on November 13 before the committee looking into the previous AAP government's 'phansi ghar' (execution room) claims.
Kejriwal and Sisodia have approached the high court challenging the summons, saying that the notice showed that the proceedings are not founded on any complaint or report or refer to a motion of breach of privilege or contempt.
During the brief hearing, the counsel for the office of legislative assembly, committee of privileges and the deputy secretary (legislation), raised a preliminary objection saying that the petition was not maintainable.
He urged the court to hear the matter on Wednesday.
The counsel for the AAP leaders prayed that notice be issued in the stay application as the impugned notice, challenged by them, was per se without jurisdiction.
The 'phansi ghar' was inaugurated in the presence of Kejriwal and Sisodia inside the assembly complex on August 22, 2022, when they were serving as Delhi chief minister and deputy chief minister respectively. While Kejriwal was the chief guest, the then deputy speaker Rakhi Birla was the guest of honour and Goel presided over the ceremony.
Challenging the summons, the petition said the reference to the committee appeared to be for verifying "authenticity" - a function beyond the remit of the Delhi Legislative Assembly and especially its privileges committee, that too for the next Vidhan Sabha.
"The proceedings suffer from lack of jurisdiction, procedural illegalities, constitutional infirmities and colourable exercise of legislative power. They violate the fundamental rights of the petitioners under Articles 14, 19 and 21 of the Constitution and are liable to be quashed," the plea said.
It said that more than three years after the inauguration of the 'phansi ghar' and several months after the dissolution of the Seventh Assembly, the issue relating to the authenticity of the structure was raised for the first time in the Eighth Legislative Assembly of Delhi on August 5.
The 'phansi ghar' was installed as a symbolic memorial relating to the freedom struggle and the sacrifices made by freedom fighters, and the inauguration was a matter of public knowledge.
The plea said the legislature may have powers to set up committees to inquire into matters to inform legislation or for public oversight, but the brick and mortar design and restoration in the premises of the Delhi Legislative Assembly is neither to inform legislation nor for public oversight.
It said the privileges committee does not have the jurisdiction to examine the authenticity of the historical facts which had been taken into account the previous incumbent speaker and deputy speaker and to proceed against dignitaries who attended the inauguration.
"Even though the petitioners had replied to the notice of September 9, 2025, the same has not been duly considered and the notice for sitting summons dated November 4, 2025 makes no reference to the objections or grounds raised by the petitioners in their respective replies," the plea said.
During the Monsoon session in August, Speaker Vijender Gupta told the House that the so-called British-era 'phansi ghar', inaugurated in the Assembly premises by Kejriwal with much fanfare in 2022 following renovation, was originally a "tiffin room".
Displaying a 1912 map of the Assembly complex, Gupta had said that there was no documentation or evidence indicating that the space was used for executions. He had referred the matter to the committee for examination and report.
