Suspended BJP MLAs to meet Delhi Assembly Speaker today, their counsels tell Delhi High Court

New Delhi [India], February 21 : The seven suspended Bharatiya Janata Party (BJP) MLAs will be meeting the Delhi Assembly Speaker on Wednesday to sort out the matter, the counsels for the MLAs submitted before the Delhi High Court. Thereafter, the matter has been adjourned till Thursday.
Justice Subramonium Prasad adjourned the matter till tomorrow after noting the submissions made by senior counsels Jayant Mehta and Kirti Uppal.
The senior counsel Jayant Mehta also informed the court that they wrote a letter to the Lieutenant Governor, who has accepted their apology. They have also sent a copy of the letter to the Speaker. It was submitted that they were ready to meet the Speaker, the counsels said.
During the hearing, the counsel also submitted that there were some political comments made on the issue, like "What you did with Rajya Sabha members of AAP".
It was submitted by the senior counsel Jayant Mehta that AAP (Aam Aadmi Party) was giving political colour by comparing it with that of Raghav Chaddha..
It should not be done while the matter is before the court of law, the counsel submitted.
It was also submitted by Senior advocate Kirti Uppal that they have emailed a copy of the letter to the Speaker as they are not permitted to enter the Vidhan Sabha. They are ready to meet him, he stated.
Senior advocate Sudhir Nandrajog appeared for the Delhi Legislative Assembly and argued that the MLAs should go to the Speaker with a letter of apology.
At that point, the court clarified that it was not interesting to go into the nature of the meeting and what was going to transpire there.
Justice Subramonium Prasad said that the court will be hearing the matter even if it is not sorted out.
On Tuesday, the High Court adjourned the hearing of seven suspended BJP MLAs after the court was informed that there are some more developments.
In the morning, a counsel for Delhi Assembly Speaker appeared and had said that the controversy could be put to rest if the MLAs met and apologized to the Speaker. Thereafter, the Delhi High Court asked the counsel for the MLAs to take instructions.
On Monday, it was argued that an MLA can not be suspended for an indefinite period.
These seven MLAs have been suspended for allegedly disturbing the Delhi Assembly on February 15 during an address by the Lieutenant Governor.
Senior advocate Jayant Mehta, Advocates Neeraj, Satya Ranjan Swain appeared for the petitioner MLAs including Vijender Gupta, Ajay Kumar Mahavar, Abhay Verma, Anil Kumar Vajpayee, OP Sharma, Jitender Mahajan and Mohan Singh Bisht.
Senior advocate Jayant Mehta had submitted these seven out of eight MLSs have been suspended for indefinite undefined period of time for representing the true factual position before the LG during his address on February 15, 2024.
He had also submitted that a motion for suspension of seven BJP MLs was passed with the voice vote for indefinite period on February 16, 2024.
The court asked show how the rules were violated and whether a petition can be heard when privilege committee is hearing the matter.
Senior advocate Mehta submitted that the Supreme Court has already said that you can not suspend for an indefinite period.
"There is a graded punishment that has to be followed. The privilege committee is hearing the matter and the punishment has been given," he added.
"The maximum punishment can be given for three days in the first incident. This is the first punishment," Mehta submitted.
Senior advocate Jayant Mehta submitted that it is punishment if one is not allowed to participate, being an MLA.
Justice Subramonium Prasad had asked, "What do you want as interim relief?"

The Senior advocate said that they want permission to attend the session as it is a budget session.
Thereafter, the High Court listed the matter to hear arguments on interim relief.
The motion for suspension of BJP MLAs was introduced by AAP MLA Dilip Pandey and passed by a voice vote.
"It was submitted on behalf of MLA Ajay Kumar Mahavar that the LG was addressing the House on February 15. Certain assertions were made in the speech of LG that were factually. It was objected to. My objection was factual and to ensure the sanctity of the house is maintained. Despite this, seven out of eight MLAs were marshalled out," senior advocate Mehta submitted.
Interestingly, some of the MLAs of the ruling party were also disturbing the house, he added.
It was also submitted that the MLAs were allowed to attend the post-lunch session. Out of nowhere and contrary to the rules, a motion was moved by a member of the ruling party and it was passed by a voice vote.
Justice Prasad said, "When you are marshalled out, according to you that is in compliance of Rule 44. Your principal argument is that you are now being punished twice for the same argument. Let's assume a person is so disorderly that once you have been marshalled out, does it take away the right of the privileges committee to examine if a stricter punishment is needed to be imposed?"
The bench also said that there is a limitation to interference with the affairs of the house.
Delhi BJP MLAs, who were suspended for the remainder of the Budget session of the Delhi Assembly, have moved to the Delhi High Court and challenged the decision of their suspension.
The matter was mentioned before the bench of acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora which allowed it to list the matter.
Senior Advocate Jayant Mehta mentioned the matter before the bench on behalf of the BJP MLAs. It was submitted that the suspension of opposition MLAs is completely wrong and their right to participate in the proceedings is being affected.
Mehta, while mentioning it, also submitted that the motion to suspend the MLAs is unconstitutional and contrary to the rules.
The budget session of the Delhi assembly began on February 15, 2024, with the LG outlining the policies, programmes and work of the AAP-led Delhi government in the fields of education, health, transport, social welfare and infrastructure.
It was alleged that as LG Saxena began his speech mentioning AAP's achievements, BJP MLA and former leader of opposition Vijender Gupta interrupted. Later, other BJP MLAs also continued interrupting LG's speech while he highlighted various achievements of the government.
On Friday, after the decision to suspend the BJP MLAs from the Delhi legislative assembly, Delhi Minister and AAP leader Saurabh Bharadwaj said, "A few days back in the upper house of the Parliament, Rajya Sabha, it was seen that a few members were suspended for the time till the report of privilege committee came...These small houses (state assemblies) take inspiration from the biggest house (parliament)...Interrupting LG's address was a big issue and according to the code of conduct, it is to be seen as contempt of the house..."