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Synopsis

The Delhi High Court will hear arguments on the interim relief in the plea moved by seven Bharatiya Janata Party (BJP) MLAs, who were suspended from the Delhi Assembly for disrupting the Lieutenant Governor's address last week, on February 20 i.e. tomorrow. 

In the morning today, the matter was mentioned for urgent listing before a division bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora. Acceeding to the request, the bench had listed the matter later in the day.

Senior Advocates Jayant Mehta and Kirti Uppal appeared before the court for the petitioners. Mehta submitted that the Supreme Court has already said that a parliamentarian cannot be suspended for an indefinite period. "A maximum punishment of three days can be given for the first incident and seven days for the second incident of violation. This is the first punishment," he said.

The Senior Advocate contended, "On February 15, the LG was addressing the house, and in the course, certain assertions were made in the LG's speech against the government which were factually wrong. I objected. My objection was factual and to ensure that the sanctity of the house is maintained. Nonetheless, 7 of 8 opposition party MLAs were marshalled out."

He added, "This was despite the fact that ruling party MLAs were also disrupting the proceedings. So, 7 of 8 MLAs of the opposition party were suspended immediately."

Mehta also argued, "As a legislator, if I cannot participate in the proceedings, that is the highest punishment". 

Taking note of the submissions, the bench of Justice Subramonium Prasad said, "I am looking at an interim order only for now. The only question is: what has been the consistent view of this court for the grant of punishment in the interim prayer? Tomorrow, we restrict ourselves to the interim relief aspect only."

Seven Bharatiya Janata Party (BJP) MLAs, out of a total of eight in the Delhi Assembly, who were suspended for disrupting the Lieutenant Governor's address last week, moved the High Court today challenging the decision.

In the morning, Senior Advocate Jayant Mehta, appearing for the MLAs, had contended that they had not been allowed to participate in the assembly proceedings on Friday, Saturday, and now today, Monday. 

"It is our constitutional right to participate. The motion is unconstitutional; we can demonstrate it is contrary to the rules of the house. The very highest I can be sent for 3 days, and today is the third day," he had added.

The BJP MLAs faced suspension on Friday last week following disruptions during the Lieutenant Governor's address on the first day of the budget session. Their protests led to the interruption of Governor VK Saxena's speech within less than thirty minutes.

AAP MLA Dilip Pandey proposed action against the BJP MLAs, prompting Speaker Ram Niwas Goel to refer the matter to the Privileges Committee. Subsequently, the House approved the suspension of seven BJP MLAs, with the exception of Leader of Opposition Ramveer Singh Bidhuri, until the committee presents its findings.

The suspended members, including Mohan Singh Bisht, Ajay Kumar Mahawar, Om Prakash Sharma, Abhay Verma, Anil Vajpayi, Jitender Mahajan, and Vijender Gupta, were directed by the Speaker to leave the assembly premises.

Pandey accused the BJP MLAs of tarnishing the government's reputation and undermining the House's dignity in the presence of the media. He further alleged that the BJP's actions were squandering Delhi's tax revenue by obstructing the legislature's functioning.

In response to their suspension, the BJP MLAs, alongside the opposition leader, staged protests inside the Assembly, chanting slogans, and later demonstrated outside the Chief Minister's office.

Case Title: Ajay Kumar Mahawar & Ors. v. Legislative Assembly of the NCT of Delhi & Anr. (connected matters)