An apex court bench headed by Justice R.M. Lodha issued notice to the centre through the home secretary and also to the Delhi government after petitioner M.L. Sharma contended that a law maker cannot be a law breaker at the same time.
This invited an observation by Justice Lodha that there cannot be a dual personality.
Kejriwal had staged a sit-in earlier this week in the heart of the capital to seek action against the Delhi Police for not heeding the orders of his ministers. The stir ended after two police officers were sent on leave.
Hearing another petition by advocate N. Rajaraman, the court in its order asked: “Why despite prohibitory orders under Section 144 of Code of Criminal Procedure the law enforcement machinery/police permitted five or more persons to assemble unlawfully.”
The court also asked whether police acted appropriately to disperse the unlawful assembly by force after such assembly was told to disperse and despite such a command the assembly did not disperse.
On the question of constitutional importance, the court gave six weeks time for response from the centre and the Delhi government but on the other two questions relating to the enforcement of prohibitory orders the court has sought response by Jan 31, 2014.