Delhi HC sets aside suspension of seven BJP MLAs from Delhi Assembly

The Delhi High Court set aside the suspension of seven BJP MLAs for interrupting Lieutenant Governor (L-G) Vinai Kumar Saxena’s address in Assembly last month

The Delhi High Court on March 6 set aside the suspension of seven BJP MLAs for interrupting Lieutenant Governor (L-G) Vinai Kumar Saxena’s address in Assembly last month.

Terming the suspension by the Speaker ‘grossly unconstitutional’, the MLAs — Vijender Gupta, Ajay Kumar Mahawar, Anil Kumar Bajpai, Om Prakash Sharma, Jitender Mahajan, Mohan Singh Bisht and Abhay Verma — had approached the High Court challenging the same. The MLAs alleged that as the BJP has only eight MLAs in the 70-member Assembly, suspension of seven among them is an attempt to silence the Opposition’s voice during the crucial budget session.

The petitioners submitted that as there were allegations against them that they had disrupted the speech of the L-G, they had apologised to him and had also sent the apology acceptance letter to the Speaker.

Justice Subramonium Prasad passed the order for reinstatement of the MLAs. The court held that the Speaker had not taken the decision independently and maintained that the matter was required to be referred to the Committee of Privileges.

“In the absence of any application of mind by the Speaker in referring the matter to the Committee of Privileges and in view of the fact that the petitioners have not been heard while being given punishment of suspension till the Committee of Privileges decides the matter and since the punishment under Rule 77 of Chapter XI can be prescribed only after a member is heard, the direction for suspending the petitioners till the Committee of Privileges takes a decision cannot be sustained,” the court noted. 

“Since the petitioners have already undergone the suspension of 14 sittings, this court is of the opinion that the petitioners should be permitted to re-join the House forthwith,” the order said.