New Delhi : The Supreme Court on Friday asked Aam Aadmi Party (AAP) MP Raghav Chadha to seek an appointment with the Rajya Sabha chairman Jagdeep Dhankhar, and tender an apology for his alleged conduct in the House.
Chadha was suspended from the Parliament's Upper House on August 11 for “gross violation of rule, misconduct, defiant attitude and contemptuous conduct". The Attorney General (AG) informed a three-judge bench led by Chief Justice of India D Y Chandrachud that the ethics panel is meeting today and some development in the case is expected.
The Chief Justice said: “the Hon’ble Rajya Sabha chairperson, is a very senior constitutional functionary. Perhaps he may take an objective view. How long do we keep him under suspension? We are also concerned with the dignity of the House. The chairperson, besides being Vice President, chairing the House…..Perhaps he takes an appointment with the chairperson, maybe tenders an apology and perhaps the chairperson may find a way forward….we may lay down the law but otherwise this may be….”.
Shadan Farasat, representing Chadha, had earlier informed the court that his client had submitted an apology six times, and twice unconditional apology. The Chief Justice asked Farasat, “We are trying to find a way forward. Would you seek an appointment with the chairperson and meet him either at the House or residence and tender an apology…”, said the Chief Justice.
Farasat said his client is the youngest member in the house, he will certainly have no problem going to the chair and tendering an apology in person and in his letters to the privilege committee he had already stated his personal apology to the chairperson if he felt anything was wrong. Farasat said, “although my statement on law is there was no error on my part which requires a suspension. Be that as may and of course, he has no difficulty in meeting the chairperson”.
Chief Justice told Solicitor General (SG) Tushar Mehta that the” court can record Chadha’s counsel statement that bearing in mind dignity of the House and of the Hon’ble chairperson of the Rajya Sabha, the petitioner is ready and willing to seek an appointment with the chairperson to place his unconditional apology….on which, hope a compassionate view is taken. He is the youngest member of the Rajya Sabha and also first-time member of the Rajya Sabha as well”. Mehta agreed with the CJI.
The bench noted that if he apologizes then perhaps some modalities can be worked out by the chairperson. Mehta suggested that Chadha can be in touch with the chairperson about time and date, and as early as possible they can meet.
The bench, in its order, said: “During course of hearing a way forward has been suggested by Shadan Farasat, Attorney General, and Solicitor General. Farasat submitted that petitioner is first time member of the Rajya Sabha and youngest member of the House, bearing in mind he had no intention to disturb the dignity of the House of which is a member. Farasat submits that the petitioner will seek an appointment with Rajya Sabha chairperson so that he may place an unconditional apology on the record……”.
Farasat submitted his understanding that the chairperson at his level also has the ability to revoke the suspension and it had happened in certain members' cases. The top court listed the matter for further after Diwali break so court may be apprised by SG and AG on the progress on the status of the matter.
The action against Chadha came in response to complaints submitted by four MPs – Sasmit Patra, S Phangnon Konyak, M Thambidurai and Narhari Amin. The MPs accused him of including their names on a motion without their consent, and a complaint was lodged before Jagdeep Dhankar, the Vice President and Rajya Sabha chairman. Their names were allegedly added by Chadha on a motion seeking the constitution of a select committee to study the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.
In his plea before the apex court, Chadha has argued that his suspension was in clear violation of the Rules of Procedure and Conduct of Business in the Council of States (Rajya Sabha) as well as Articles 14 and 21 of the Constitution. The Rajya Sabha Secretariat and its chairperson are respondents in the petition filed before the court.
The plea contended that there exists a categorical prohibition against the suspension of any member for a period exceeding the remainder of the sessions. He has been suspended since the last hour of the Monsoon Session of Parliament this year.
Chadha submitted that he is not able to attend the meetings of the standing committee on finance and the committee on subordinate legislation, which continue their work even when Parliament is not in session.
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