The petitioners demanded that the order be cancelled because it was passed when they were in hospital and they were not given any chance to put forth their statement.
A petition filed in the Delhi High Court (HC) has challenged Delhi Assembly Speaker Ram Niwas Goel's order to imprison two youths for 30 days, after they threw pamphlets in the Assembly on June 28.
The youths, Jagdeep Rana and Rajkumar Madan, filed the petition through their counsel Pradeep Rana. They said the impugned order was "absolutely illegal and violates the principle of natural justice, which cannot be sustained".
The petitioners demanded that the order be cancelled because it was passed when they were in hospital and they were not given any chance to put forth their statement.
According to the plea, on June 28, the petitioners seated in the visitors' gallery threw pamphlets and raiseed 'Inquilab Zindabad' slogans in the Delhi Assembly. While they were being marshalled out on the directions of Goel, AAP MLAs thrashed and injured them.
Both were then arrested on the order of the Speaker, who sentenced them to 30 days in prison. The plea alleged that the two were not given a chance to put forth their point and that their sentence was illegal.
The plea stated: "The petitioners wanted to attract the attention of the party and the government to some glaring issues by throwing printed pamphlets in the Vidhan Sabha during the session. They had no intention to breach the privilege of the Legislative Assembly or to commit contempt of the same."
"The petitioners were discriminated against and were awarded the sentence without following the due process. The order suffers from vice as the same has been passed arbitrarily, without following the due process of law, thus the same is liable to be set aside," it said.
The plea added that the Legislative Assembly has no powers to grant rigorous imprisonment and that it was also not recorded as to why other modes of sentencing, as prescribed in the rules, were not adopted.
The appeal has been admitted and the next date of hearing is July 11.
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