SC suggests RS chairman to sympathetically consider as Chadha expresses willingness to apologise

Raghav Chadha was suspended from the Rajya Sabha for “gross violation of rules, misconduct, defiant attitude and contemptuous conduct”, pending a report by the Privileges Committee
AAP leader Raghav Chadha (Photo | PTI)
AAP leader Raghav Chadha (Photo | PTI)

NEW DELHI: The Supreme Court was on Friday informed  that Aam Aadmi Party (AAP) leader Raghav Chadha will tender an unconditional apology to Rajya Sabha chairperson Jagdeep Dhankar in relation to a 'misconduct' which resulted in his suspension from the Rajya Sabha.

Chadha's suspension has been cleared by Dhankhar for including names of some members of the Upper House without their consent in a proposed select committee for the Government of National Capital Territory of Delhi (Amendment) Bill, 2023.

A bench headed by Chief Justice DY Chandrachud, in the order, suggested that the upper house should sympathetically consider to admit him back after Chadha told, being the youngest member, he has no issues in tendering an apology.

"It has been submitted that Raghav Chadha is the youngest member of the august house. Bearing in mind that he had no intention to attack the dignity of the house, it is assured that Raghav Chadha shall meet the chairperson and tender an unconditional apology which shall be considered sympathetically in the background of facts and circumstances of the house," the bench also comprising Justices JB Pardiwala and Manoj Misra said.

The top court will hear the matter again after Diwali break when Solicitor General Tushar Mehta and Attorney General R Venkataramani will inform the bench about the further development in the matter.

During the hearing, the CJI recalled the earlier views related to the apology.

"I had said last time that if Mr Chadha is willing to tender an apology, the chairman who is a distinguished senior can take a view as how long can we keep him in suspension," the CJI said.

He said, the court is aware of the dignity of the house and if Chadha apologises to chairman, accordingly, Dhankar can take a view.
The bench further said: "You have already apologised six times. But would you be willing to seek an appointment with the chairperson and meet the chairperson, tender an apology?”

To this, advocate Shadan Farasat, representing the AAP leader said being the youngest member of the House, Chadha had no problem in apologising.

In the previous hearing, the Supreme Court had remarked that suspending an MP does have “serious repercussions” on the right of the electorate being represented by him.

On October 16, Senior Advocate Rakesh Dwivedi, on behalf of Chadha, questioned the way his client was suspended, saying the suspension cannot extend beyond the particular session during which the decision to suspend the member was made.

According to the AAP leader's plea, “the suspension is in clear breach of Rule 256 of the Rules of Procedure and Conduct of Business in the Council of States, which incorporates a categorical prohibition against the suspension of any member for a period exceeding the remainder of the session”.

On August 11, Chadha was suspended from the Rajya Sabha for “gross violation of rules, misconduct, defiant attitude and contemptuous conduct”, pending a report by the Privileges Committee. His suspension came on a motion moved by Leader of the House Piyush Goyal and cleared by the Chairman of Rajya Sabha Jagdeep Dhankhar.

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