"Fundamentally Wrong, Against The Concept Of 'Natural Justice'": Congress' Manish Tewari On Mahua Recommendations

The decision to expel Mahua Moitra and the proceedings underway in the Lok Sabha are fundamentally wrong and against the concept of natural justice,” said Congress” Anandpur Sahib MP, Manish Tewari.

As Mr. Tewari, a lawyer by profession, tried to elaborate on his points through the prism of the constitutional rights of an individual, Speaker Om Birla interrupted him and said, “This is not a court; it is Parliament.”

In response to the intervention, Mr. Tewari stated that he is discussing the rights of an individual, on which the Parliament has also been established.

Mr Tewari has also talked about the rules concerning the Parliament Ethic Committees and said the panel can recommend if a person is guilty or innocent, but it can”t recommend their punishment.

“I have carefully read Rule 316(d) of the Rules of Procedure and Conduct of Business. It says that the recommendations of the Committee shall be presented in the form of a report…Ethics Committee can recommend if a person is guilty or innocent but it can”t recommend their punishment. That power lies with this House,” he said.

“The Ethics Committee, at best, can make a recommendation that whether a person is guilty or innocent. It is this House sitting as jury which has the powers to decide the quantum of punishment. So, the recommendation of the Ethics Committee is fundamentally flawed in my respectful submission,” he added.

These are major recommendations by the Ethics Committee:

“The serious misdemeanours on the part of Mahua Moitra calls for severe punishment. The Committee, therefore, recommend that Mahua Moitra, MP may be expelled from the Membership of the Seventeenth Lok Sabha.”

“In view of highly objectionable, unethical, heinous and criminal conduct of Mahua Moitra, the Committee recommends for an intense, legal, institutional inquiry by the Government of India in a time-bound manner.”