On Friday, the Delhi High Court received assurances from Assembly authorities stating that the indefinite suspension of seven BJP MLAs, who had disrupted Lieutenant Governor V K Saxena’s address at the beginning of the budget session, was not aimed at suppressing dissent within the House. Additionally, they assured the court that the privileges committee’s proceedings against the suspended MLAs would be expedited without any undue delay.
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In New Delhi on February 23, the Delhi High Court received assurances from Assembly authorities that the indefinite suspension of seven BJP MLAs, who had disrupted Lieutenant Governor V K Saxena‘s address at the beginning of the budget session, was not intended to suppress dissent within the House. They also affirmed that the privileges committee’s proceedings against them would be concluded promptly.
ALSO READ: Delhi High Court Asks Suspended BJP MLA’s: Will You Apologize to LG?
Senior advocate Sudhir Nandrajog, representing the Delhi Assembly, emphasized before Justice Subramonium Prasad that suspension serves as a “self-discipline” measure in response to a “series of misdemeanors” by opposition legislators. This statement came during the court’s consideration of petitions filed by the seven BJP MLAs- Mohan Singh Bisht, Ajay Mahawar, O P Sharma, Abhay Verma, Anil Bajpai, Jitender Mahajan, and Vijender Gupta, challenging their suspension from the Assembly until the privileges committee concludes its proceedings.
Nandrajog argued against the petitions, asserting the House’s discretion in maintaining its dignity. He pointed out that when the petitioners apologized to the LG, they could have extended a similar gesture to the House for their disruptive behavior.
The judge advised the petitioners’ counsel to attempt to resolve the matter by sending a letter expressing their “utmost respect” to the House.
During the hearing, Nandrajog asserted that the suspended MLAs had violated the code of conduct and there is no question of the action being political in view of the “kind of majority” that the ruling Aam Aadmi Party (AAP) enjoys in the House.
“The leader of opposition was equally guilty. The leader of opposition, who enjoys special privileges, has been left. Dissent is not stifled in the factual aspects of this case,”
-he said.
“We did not move ahead yesterday (with the privileges committee’s proceedings)…. Things are lingering because of the pendency of these (court) proceedings. We will not delay the proceedings in any manner. There is no intention to delay. We need not politically delay,”
-the senior lawyer added.
Nandrajog also emphasized that the “final decision” in the matter is pending with the authorities, indicating that the MLAs have not been denied an opportunity for a hearing.
The hearing on the petitions is scheduled to resume on Monday(26 Feb).
During the previous hearing, the court instructed the Assembly’s privileges committee to postpone its proceedings against the suspended MLAs due to the ongoing court case.
The MLAs argue that their suspension until the privileges committee concludes its proceedings violates applicable rules.
The BJP legislators repeatedly interrupted Lieutenant Governor Saxena during his address on February 15, focusing on the achievements of the AAP regime.
Following this, AAP MLA Dilip Pandey proposed a resolution in the House for their suspension, which was accepted by Speaker Ram Niwas Goel. The matter was subsequently referred to the privileges committee. Seven BJP lawmakers, except Leader of Opposition Ramvir Singh Bidhuri, were prohibited from attending the proceedings.
Due to a delay in budget finalization, the session has been extended until the first week of March.
The MLAs’ petitions argue that their suspension infringes upon Article 19(1)(a) (right to freedom of speech and expression) of the Constitution, as well as the rights and privileges of legislators. They also assert that the principle of “proportionality” and “rationality” has been overlooked.
“The order of the Hon’ble speaker of the Legislative Assembly of NCT of Delhi is unconstitutional, unjust, unfair, and, in any event, selective and grossly disproportionate. It violates the fundamental and constitutional rights of the petitioners,”
-the petition filed through advocate Satya Ranjan Swain on behalf of Mahawar, Gupta, and Bajpai stated.
The plea emphasizes the significance of opposition members’ presence in the last full budget before the 2025 Assembly polls.
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