SC defers Chadha’s case as Centre hints at ‘constructive movement’

The Supreme Court on November 3 allowed Chadha to seek an appointment with Vice President Jagdeep Dhankar and offer an apology

The Supreme Court on Friday adjourned by a week hearing on a petition by Aam Aadmi Party (AAP) MP Raghav Chadha challenging his suspension from Parliament, after the Rajya Sabha secretariat indicated there was some “constructive” movement after Chadha met Vice President Jagdeep Dhankar and offered an unconditional apology.

AAP leader Raghav Chadha (Sanjeev Verma/ HT Photo)

A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud posted the matter for December 8 after solicitor general (SG) Tushar Mehta, appearing for the secretariat, said, “Let this matter be heard next week... something constructive is happening.”

Chadha’s lawyer Shadan Farasat informed the court that while a decision on his breach of privilege was pending with the Privileges Committee, he has received an eviction notice from his house, and sought the court’s intervention.

“Please look into this, solicitor,” remarked the bench, also comprising justices JB Pardiwala and Manoj Misra. Mehta replied that the matters may be unrelated, “On this ground (of suspension from House for alleged breach of privilege), it would not happen. It can be on some other independent ground.”

To be sure, Chadha was allotted a Type VII bungalow at Pandara Road and has been residing there since November 2022. On March 3 this year, his allotment was cancelled on the grounds that he was only entitled to a Type VI bungalow being a first-time Rajya Sabha MP. He moved the trial court against the eviction and got an interim order in his favour on April 18. However, the order was reversed on October 5 after an appeal by the RS secretariat before the additional district judge. On October 17, the Delhi high court directed stay of this order and directed against his dispossession from the bungalow.

The Supreme Court on November 3 allowed Chadha to seek an appointment with Vice President Jagdeep Dhankar, who is the chairman of the Rajya Sabha, and offer an apology.

The court sought a way forward in the case, after noting that Chadha was the youngest member of the august House besides being a first-time MP. The court asked the Vice President to consider the apology “sympathetically”.

The 34-year-old lawmaker was accused for not taking consent of five Rajya Sabha MPs before including their names in a proposed select committee for considering the Government of National Capital Territory of Delhi (Amendment) Bill, 2023. On a complaint by the five MPs alleging breach of privilege, the matter was referred to the Privileges Committee, and Chadha was suspended till the committee submitted its report.

Chadha claimed in his petition that this is not the first time when the names of members were suggested for a select committee without their consent. It was pointed out on his behalf by his lawyers that in the past 75 years, there were 11 such instances, and none of the cases resulted in a case of breach of privilege.

The AAP MP was suspended under Rule 256 of the Rules of Procedure and Conduct of Business in Council of States which allows the chairman to suspend a member “who disregards the authority of the chair” or “abuses the rules of the Council by persistently and wilfully obstructing business”. Chadha said, that at the highest, suspension under this rule can extend till the end of the session and not beyond.