Dear All,
Two media reports were published on 20 Feb stating that proceeding for disqualification of membership of Col Devinder Sehrawat, MLA of Bijwasan constituency are under considerations of the Speaker of the Legislative Assembly of Delhi.Report published by Dainik Jagran states that complaint of Anti Party Activities has been submitted by the Aam Aadmi Party Volunteers. Report further states that the Speaker is considering complaint by Volunteers of the party as basis of disqualification of Col Devinder Sehrawat, MLA, as the Constitution of India (Article 10) has provision for processing such complaints (Hilarious Ignorance).The Report of ‘Navbharat Times’ on the other hand quotes party sources and mentions that Col Devinder Sehrawat, MLA, already suspended by the party is likely to loose his membership of the house for Anti Party Activity.
Telephone contact was made by Col Devinder Sehrawat on 21 Feb 2017 to seek clarification about these reports from the Hon’ble Speaker of Delhi Assembly Shri Ram Niwas Goyal on his personal mobile phone, which was attended by his official OSD but the Speaker refused to come on the line.The next available option of seeking a legal clarification was exercised on 22 Feb 2017, Copy of the same, duly receipted by Speaker office is attached.
The malicious reports published by two of the leading news papers are clearly a targeted handiwork. These are report written without any attempt to take version of affected person. No thought has been given to the misinformation that will be spread amongst the over two lac constituents or the public in general. Nor has any legal opinion on the subjects been sought before writing such damaging forecast of events.
The irresponsibility and culpability however rests more on some other quarter, It is a matter of great Shame that Mr Arvind Kejriwal, who cried foul to bring the heaven down alleging media bias/ paid media etc each time a critical report appeared about him is now himself using the same media and committing such abhorrent act to defame his own party MLA and try to frighten the rest MLAs of the Aam Aadmi Party: so much from the champion of Swaraj. The current incident is a clear case of criminal conspiracy and misuse of official position. Mr Kejriwal is personally supervising use of official fund to influence mediums which can be made to affect individuals who have the conviction to stand up to his Bully Mentality, expose his individual dishonesty and incompetence and show his true colours to the public.
As mentioned in the correspondence to the Speaker, matters of defection are amply clarified in the Constitution of India as well as in the Govt of NCT of Delhi Act, Article 15 and 16.The Tenth Schedule of the constitution provisions are also very clear on the subject.While framing the constitution, our wise ancestors were meticulous enough to ensure that People of Mr Arvind Kejriwal ilk are prevented from subverting the system and use the Anti Defection Law to silence critics within the party to snatch/suppress the basic Right guaranteed in the Preamble of the constitution of India to all citizens – “Liberty of Thought, Expression and Belief”.
It is absolutely clear and well understood that Article 122 and 212 of Constitution of India Guarantee complete immunity to the proceeding of the house. However to put the record straight to those who want to twist provisions to terminate membership of Individuals who have courage to criticize wrong doings, by misusing a unprecedented majority- Further Elaboration of the law is thus necessary. Resolution of the house with due respect is a “Expression of opinion of the house or at best recommendation on any Particular matter, It has not the status of a Law”. In so far as thePrivilege committee is concerned,The Hon’ble Supreme Court has in Amrinder Singh Vs Special Committee, Punjab Vidhan Sabha Civil Appeal No 6053 of 2008 clarified that :-
“Astract grounds which if recognised, will trigger the indiscriminate and disproportionate use of legislative privileges by incumbent majorities to target their political opponents as well as dissidents. The various grounds for disqualification of members of legislative assemblies (MLAs) have been enumerated in Articles 190 and 191 of the Constitution. For most circumstances, there is an elaborate machinery in place to decide questions pertaining to the disqualification of members and the vacancy of seats”.The termination of Membership by the Committee was thus set aside.
This incident of planted media stories is part of a systematic campaign launched by Arvind Kejriwal in A cowardly manner to get false absurd stories published using compliant sources. These ‘Pieces of Conspiracy’ are hatched by Mr Kejriwal and his team of Experts- Details mentioned in Sep Issue of Open Magazine about the ‘Spying & Information Technology Espionage’ Unit raised by Govt of Delhi https://twitter.com/open
What is most slimy in Mr Kejriwals modus operandi is the fact that he has been running a campaign against Col Devinder Sehrawat, his own party MLA in Bijwasan Constituency for past one and a half year. Col Devinder Sehrawat raised this matter vide a letter to the CM ( Copy Attached) and conveyed his anguish that a person on the run for molesting a women had been honoured by Party in his constituency,Link of media report on the incident http://www.thehindu.com/news
Almost all MLAs of AAP have plush fully furnished MLA offices provided by the Delhi government in which the electricity and water bill is also paid by the government, List of MLAs holding offices in DJB premises is attached.
Col Devinder Sehrawat approached the Chief Minister several times, wrote numerous letters to the CM, there after approached the Speaker that an Office be provided to Bijwasan Constituency in Raj Nagar. This was however denied and the MLA is forced to take on Rent a small room in Raj Nagar for basic office functioning.
All attempts of trying to brow beating Col Devinder Sehrawat, MLA have been utilised by the Aam Aadmi Party. It is with sheer grit and detrmination that the MLA has withstood the Machiavellian strategy of Shri Arvind Kejriwal which has now started using the media to plant stories of lowest ethical nature, falsehood and scheming. Col Sehrawat, MLA has Recounted on several Occasions that ” In Air Force School the Head Master Late Shri Hari Dang and then the Instructors in National Defence Academy have trained me well and equipped me to stand up to Bullies, In Fact they end up Motivating me more“
Best Wishes and Regards,
Vidhan Sabha Office of Col Devinder Sehrawat
MLA(NCT of Delhi)