CS case: Court questions panel for changing stand
The Delhi Assembly’s Privileges Committee, comprising AAP legislators, had a tough time on Tuesday in the high court which questioned the panel for changing its stand in the matter relating to chief secretary Anshu Prakash. Justice Vibhu Bakhru was hearing a fresh application by the committee seeking recall of the court’s August 28 order in which the panel was directed to produce before it the verbatim records and video recordings of the panel’s proceedings in which Prakash was questioned over certain issues.
Senior lawyer K. V. Viswanathan, who represented the panel, submitted that filing of video recordings of the proceedings and providing its verbatim record of the chief secretary would be in violation of the doctrine of separation of powers. He said it would be beyond the powers of the court to direct the panel to produce the video records.
The court noted that earlier the committee had sought to invoke the jurisdiction of the court to get the order in July, compelling the Chief Secretary’s appearance before the panel. “Now, the panel has contended that the court has no jurisdiction to look into those proceedings.”
The court also said that the earlier order was passed only after the counsel, who appeared for the panel that day, had said the verbatim records would be provided to the official as soon as it was authorised by the Speaker, who is in London and expected to return on September 16.
The lawyer had assured that the video records of the proceedings would be filed in court before the next date of hearing on September 18. Lawyer Vivek Chib, appearing for the chief secretary, opposed the submission of the panel’s lawyer on the doctrine of separation of powers.