• Source:JND

Minister Kapil Mishra has written a letter to the Speaker of the Delhi Legislative Assembly, Vijender Gupta, requesting action regarding an FIR registered against him in Punjab. In the letter, he stated that the complaint lodged by Iqbal Singh and the subsequent action taken by the Jalandhar Police, including the registration of the FIR, disregard the protection granted under the Constitution and constitute a serious breach of the Assembly's privileges.

Interference In Legislative Dignity

The Minister argued in his letter that initiating criminal proceedings regarding the publication of a substantially true report of the Assembly proceedings amounts to interference in the dignity, freedom, and rights of the legislature. Consequently, he has requested the Speaker to take cognizance of the entire matter and refer it to the Privileges Committee for a proper investigation and necessary action.

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Constitutional Protections And Legal Arguments

Referring to Article 361A of the Constitution, Mishra noted that no person can be subjected to criminal proceedings for the publication of a substantially true report of the proceedings of Parliament or a State Legislature, unless it is proven that the publication was made with malicious intent. He also pointed out that the article clarifies that this constitutional protection does not apply to the publication of reports concerning secret sittings of any House of Parliament or a State Legislature.

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Context Of The Jalandhar Police Action

Mishra recalled in the letter that on January 6, disruptions occurred in the House following remarks made by the Leader of the Opposition against Sikh Gurus. Subsequently, on January 9, Chief Whip Abhay Verma informed the House that an FIR had been registered against him by the Jalandhar Police. The police alleged that he had shared a purportedly "doctored" (edited) video of the Assembly proceedings on social media.


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