Is the FIR Against Atishi Video a Breach of Constitutional Rights?
Synopsis
Key Takeaways
New Delhi, Feb 3 (NationPress) In a bid to secure the protection of the House, Delhi Law and Justice Minister Kapil Mishra has formally approached Delhi Assembly Speaker Vijender Gupta, asserting that the FIR lodged by the Punjab Police regarding the Atishi video issue infringes upon Constitutional rights.
He urged that this predicament be directed to the House's Committee of Privileges.
Referring to the FIR filed against him following a complaint by Iqbal Singh, Mishra stated, “The Punjab Police is attempting to intimidate and suppress my actions as an elected member of the Delhi Assembly by threatening me with criminal charges.”
“Given the circumstances, I request your assistance to protect my rights as an MLA. By blatantly ignoring the constitutional protection offered under Article 361A, both the complainant Iqbal Singh and the Punjab Police have severely violated the privileges of an elected official,” Mishra articulated in his letter dated February 2.
“I kindly ask you to forward my complaint to the Committee of Privileges so that those responsible for this incident can be identified and held accountable,” he added.
Mishra highlighted Article 361A of the Constitution, which states that no individual shall face civil or criminal action regarding the publication of a substantially true report of Parliament or a State Legislature's proceedings unless it is proven to have been made with malice.
This Article also clarifies that such constitutional protection does not extend to reports concerning secret sessions of either House of Parliament or a State Legislature, Mishra noted.
He contended that initiating criminal proceedings related to the publication of a substantially true account of Assembly proceedings constitutes interference with the Legislature’s authority, prompting him to seek a thorough examination of the issue by the Committee of Privileges.
Mishra recalled that on January 6, the Assembly experienced turmoil due to objectionable remarks made by the Leader of the Opposition, Atishi, regarding the Sikh Gurus.
On January 9, Abhay Verma, Chief Whip, announced that an FIR had been filed by the Jalandhar Police, alleging that Minister Kapil Mishra had shared a “doctored video clip of the House proceedings” on social media.
Referring to a press release from the Jalandhar Police Commissioner, Mishra clarified that the video in question was sourced from his social media account, and accusations of malicious editing were directed at him.
The FIR's registration attracted significant media attention, with copies of pertinent news articles attached to his letter.
Mishra affirmed that the video he posted was an accurate representation of the Delhi Legislative Assembly's proceedings, thus fully protected under Article 361A.
He emphasized that the criminal actions initiated in this matter undermine the privileges of an elected member and represent an attempt to intimidate him while fulfilling his legislative responsibilities.
Mishra criticized the actions of Iqbal Singh and Punjab Police officials, arguing they demonstrate a blatant disregard for constitutional rights and infringe upon the collective privileges of the House.