New Delhi: Congress president Mallikarjun Kharge on Wednesday said Rajya Sabha Chairman Jagdeep Dhankhar's ruling rejecting his 'point of order' that there cannot be a discussion on Rahul Gandhi in the Upper House can set a "problematic precedent", and asserted that presiding officers in legislatures are expected to be fair and cannot display their loyalty to the ruling party.
Amid a logjam over Rahul Gandhi's remarks on democracy, Dhankhar on Wednesday rejected Kharge's 'point of order', saying there can be no issue or individual beyond the purview of discussion in the Upper House of Parliament.
Gandhi was disqualified as a member of Lok Sabha after his conviction and sentencing in a 2019 criminal defamation case on March 23.
The ruling BJP has, since the resumption of the Budget session of Parliament on March 13 after a break, demanded that Gandhi should come to Rajya Sabha and tender an apology for his "democracy in danger" remarks made in the UK recently.
The Congress has, however, countered this saying someone who is not an MP of Rajya Sabha cannot be called to the House and there cannot be any discussion/reflection on or about an MP of Lok Sabha.
In his ruling, Dhankhar said that "the authenticated record made available by the Leader of House Piyush Goyal bears out that his demand of apology on the overseas statements made by a senior leader of the Opposition is factually premised...".
In a letter to Dhankhar, Kharge said he has carefully gone through the ruling given by the chairman in response to the point of order raised by him under Rule 258 of the Rules of Procedure and Conduct of Business in Council of States (Rajya Sabha).
"On 13th March, soon after the House met, Piyush Goyal, Leader of the House, had made references critical of some observations expressed by Rahul Gandhi (who was then a member of Lok Sabha) outside the House. While Leader of the House did not refer to Rahul Gandhi by name but it was abundantly clear to the entire House and even those who were watching the proceedings of the House that Goyal was referring to Gandhi," Kharge said.
"Goyal under the guise of referring to Gandhi as senior opposition leader took the liberty of making all kinds of critical remarks, insinuations and casting reflections on Gandhi," he said.
The observations made by Goyal were patently "defamatory, unfounded and vacuous allegations" against Gandhi, Kharge said.
Any contention that Goyal did not refer to Gandhi by name does not absolve him of the breach of the Parliamentary tradition which was committed, the Congress chief said.
"As regards your ruling vis-a-vis my point of order with due humility, I must confess that I find it surprising. A simple reference to the content referred to by Piyush Goyal would have answered that question," Kharge said in his letter.
"In fact, your refusal to find Piyush Goyal's statements to be prima facie, defamatory give rise to a problematic precedent that has two potential consequences, including that any genuine concerns raised about our democracy by anyone shall be treated as treasonous, anti-India or worse. Imagine the chilling effect that has on a democracy built on the foundation of freedom of speech," he said.
Kharge said the other consequence is that an elected representative of the people can be vilified and given no space to defend himself against outlandish, false and even brazen allegations.
"Neither of these legacies is flattering to this regime or to your decision," he said.
"Finally, I take this opportunity to reiterate what we have said on numerous previous occasions. All presiding officers in legislatures, and especially the chairperson are expected to be fair, even-handed and non-partisan. They cannot display their biases or their loyalty to the ruling party," the Congress president said.
Earlier, in a tweet, Congress general secretary Jairam Ramesh also said presiding officers in legislatures are expected to be fair, even-handed and non-partisan. They cannot display their biases or their loyalty to the ruling party, Ramesh said.
"They must command respect by their actions not demand respect by a never-ending flow of sermons, he added.
While rejecting Kharge's point of order, Dhankhar said after bestowing earnest consideration, he is of the firm view that there can be no issue or individual beyond the purview of discussion in the Rajya Sabha and the same is exclusively subject to regulation by the House and the Chairman.
"In view of categorical and firm constitutional prescriptions, I cannot persuade myself to sustain the point of order raised by the Hon’ble Leader of the Opposition Mallikarjun Kharge and the same is hereby declined," Dhankhar said.
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