Legislators have forgotten how to dissent respectfully: SC on neta targeting Nitish

NEW DELHI: Commenting on frequent acrimonious proceedings in assemblies and Parliament, Supreme Court on Monday said it appears that legislators have forgotten how to be respectful while lodging strong dissent or criticising opponents.
The remark came from a bench of Justices Surya Kant and N K Singh when it took up RJD neta Sunil Kumar Singh‘s writ petition challenging Bihar legislative council‘s decision to expel him from the House for alleged misconduct and misdemeanour and mimicking CM Nitish Kumar during the budget session.
“Members of august Houses should be respectful of others even while being their bitter critic,” SC said, prima facie disapproving Singh’s comments.
Sunil Kumar Singh’s counsel A M Singhvi said even though the matter is sub judice, EC has announced a bypoll for Singh’s seat which has fallen vacant, and apprehending this would create confusion. Singhvi said if elections are held and someone else gets elected, and at the same time SC sets aside Singh’s expulsion, it would give rise to an incongruent situation of having two elected candidates for the same seat. SC should stay the elections scheduled for later this month, he pleaded.
SC refused to postpone the elections, but said it would schedule the final hearing of Singh’s writ petition on Jan 9. Singhvi said, “Freedom of speech inside a House has been given wide latitude.” The bench said, “This is how freedom of speech is used inside the House? You (Singhvi) are also a Member of Parliament. Do you subscribe to the use of such language against opponents inside a House?” Singhvi said he does not subscribe to such language, but expulsion for use of such language would make the opposition benches empty. “For a similar use of language by another MLC, he was merely suspended. But in the case of Singh, it was expulsion.”
The Ethics Committee of the legislative council in its report had recommended removal of Singh, stating that “Being the chief whip of the opposition, his legislative responsibility and adaptation of rules and regulations should be more than others. But his behaviour was otherwise.
After coming into the well, he raised unrestrained slogans, hindered the functioning of the House, disrespected the instruction for the Chair, used defamatory words for the leader of the House, trying to humiliate him, and in a way damaged the dignity of the legislative council.” Based on the report, Singh was expelled on July 26.