SC adjourns AAP MP Raghav Chadha's RS suspension plea hearing to Dec 1

SC adjourns AAP MP Raghav Chadha's RS suspension plea hearing to Dec 1

In a recent development, the Supreme Court has delayed the hearing on the petition filed by suspended AAP legislator Raghav Chadha challenging his indefinite suspension from the Rajya Sabha. The postponement is attributed to new developments in the case.

A panel led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, has rescheduled the hearing for December 1. This decision follows Solicitor General Tushar Mehta's update on ongoing discussions regarding the case.

Mehta indicated that, in line with the court's recommendation, discussions have taken place, suggesting that Raghav Chadha might need to appear before the privilege committee. The proceedings are expected to resume on December 1, with further developments anticipated.

During the proceedings, Advocate Shadan Farasat, representing Chadha, pointed out the approaching deadline for submitting questions to the House for the Winter Session, hinting at a possible consideration on November 29. Chief Justice Chandrachud advised composure and careful consideration of the implied meaning in the situation.

On November 3, the Supreme Court had instructed Chadha to offer an unconditional apology to Rajya Sabha Chairperson Jagdeep Dhankhar regarding the select committee row. The court suggested that an apology might be viewed sympathetically by Dhankhar.

The Supreme Court acknowledged the statements made by Farasat, noting that the first-time and youngest lawmaker from the "House of Elders" was prepared to apologize to the Vice President.

The Supreme Court documented the submission in its order and postponed the hearing for the Diwali vacation. Additionally, the court requested Attorney General R. Venkataramani to update it on the progress of the case.

Chadha has been under suspension since August 11 based on accusations from Members of Parliament, mainly from the ruling BJP. The allegations include Chadha including names in a motion without consent, aiming to form a select committee to review the controversial Delhi Services Bill.

Earlier, the Supreme Court had expressed concerns about the indefinite suspension of a Member of Parliament, questioning whether the Privileges Committee had the authority to order such a suspension. The court emphasized the seriousness of excluding an opposition member based solely on differing viewpoints.

In Chadha's plea, he argued that indefinite suspension could lead to potential abuse and excesses. The plea contended that the power to suspend should act as a shield, not a sword, and highlighted a violation of Rule 256 of the Rules of Procedure and Conduct of Business in the Council of States, which explicitly prohibits the suspension of any member for a period exceeding the remainder of the session.

The Rajya Sabha, on August 11, approved a motion presented by the Leader of the House, Piyush Goyal, urging action against the AAP MP. Chadha was suspended on the final day of the Monsoon Session for what was described as "gross violation of rules, misconduct, defiant attitude, and contemptuous conduct," pending a report by the Privileges Committee.

The legal battle surrounding Raghav Chadha's suspension continues, with the Supreme Court's scheduled hearing on December 1 expected to shed light on further developments in this high-profile case.

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