Rajya Sabha Suspension: SC Adjourns Hearing on Raghav Chadha’s Plea to Dec 8

The Supreme Court on Friday adjourned the hearing on AAP MP Raghav Chadha’s plea challenging his suspension from the Upper House to December 8, 2023.

This decision came after it was conveyed that there is a likelihood of “something constructive” occurring in the matter.

A bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, took note of Solicitor General Tushar Mehta’s submissions on behalf of the Rajya Sabha Secretariat, expressing optimism about progress in the case.

Solicitor General Mehta suggested that if the court could hear the matter later, it might obviate the need to address multiple issues.

The bench, emphasizing resolution, remarked, “Do not say anything about this matter … just wait. Let us have a resolution,” and set the plea for further consideration on December 8.

During the proceedings, lawyer Shadan Farasat, representing Chadha, raised concerns about the eviction notice received by the AAP MP regarding his official bungalow and requested protection for him. The bench instructed Mehta to examine the matter.

Referring to a separate case involving eviction notices, the solicitor general indicated that eviction on the grounds of suspension would not occur. In the eviction case, the Delhi High Court had, on October 17, permitted Chadha to continue residing in his government bungalow, overturning a trial court’s eviction order.

The bench had previously deferred the hearing on Chadha’s suspension plea to December 1, citing ongoing developments. Farasat had mentioned the imminent deadline for submitting questions to the House for the Winter Session.

On November 3, the Supreme Court had directed Chadha to issue an unconditional apology over the select committee row to Rajya Sabha Chairperson Jagdeep Dhankhar, suggesting that it might be considered sympathetically. The court acknowledged Farasat’s assertion that the first-time lawmaker was willing to apologize.

Chadha had been under suspension since August 11, following allegations that he added names to a motion without consent, seeking a select committee for the examination of the Delhi Services Bill. The AAP leader contended that the power to suspend indefinitely is prone to excesses and abuse, emphasizing a breach of Rule 256 of the Rules of Procedure and Conduct of Business in the Council of States.

The Rajya Sabha, on August 11, passed a motion moved by Leader of the House Piyush Goyal, leading to Chadha’s suspension for “gross violation of rules, misconduct, defiant attitude, and contemptuous conduct,” pending a report by the privileges committee.