Haryana govt’s flip-flop on Calling Attention Notice by Abhay Chautala sparks row in Assembly

Deputy Speaker Ranbir Gangwa had admitted the notice but when Chautala rose to read it out, Deputy Chief Minister Dushyant Chautala, who also holds the Excise portfolio, stood up and said “discussion cannot be held on this issue because the matter is sub-judice”. Echoing the excise minister, Gangwa said discussion cannot be held on the Calling Attention Notice because the minister has informed that the “matter is sub-judice”.

Soon, a ruckus broke out in the House and the Opposition argued that once a Calling Attention Notice has been admitted and the government has submitted a reply, the government cannot disallow it.

Congress MLA BB Batra said, “The rule book nowhere mentions the word sub-judice. There is no restriction on discussion of this matter. I shall read what the Constitution of India says.” Batra read out the provisions of the Constitution of India and said that only “comments cannot be made on a judge”. “This is the only restriction that comments cannot be made on a High Court or Supreme Court judge. There is no further restriction on discussion of a matter in the House,” Batra said.

However, the Deputy Speaker kept insisting that a discussion cannot be held on a sub-judice matter.

Opposition MLAs, including Kiran Choudhry, Dr Raghuvir Singh Kadian and Leader of Opposition Bhupinder Singh Hooda, came out in support of Abhay Chautala and demanded that the discussion be held.

Hooda said, “There has to be a way out once a Calling Attention Notice has been tabled. The reply has been submitted by the department concerned. Let it be read in the House or the government may say that they would not submit a reply.”

Mincing no words, Kadian said, “I say it reeks of a conspiracy. I think the scandal is somewhere connected with the government.”

Abhay Chautala insisted that he should be allowed to read the Calling Attention Notice and the government cannot disallow it once it has already been admitted.

After disallowing the notice, the Deputy Speaker proceeded with the next Calling Attention Notice. However, before the next notice could be taken up, Hooda stood up and strongly protested and said, “Several Calling Attention Notices were given by us on various issues but none of them have been admitted.”

Chief minister Manohar Lal Khattar intervened and said, “The Speaker had already mentioned yesterday (Tuesday) that only two Calling Attention Notices could be taken up on a particular day. They (Congress) are unnecessarily raking up the issue.”

Hooda said, “The House should not be conducted in an arbitrary manner”. Abhay Chautala said, “You (Deputy Speaker) are saying that the matter is sub-judice. Can you look at the date of this court order?”

Gangwa replied, “It is dated on December 22. Were you sleeping for six days? What work was the Vidhan Sabha doing for the last six days? The reply to the Calling Attention Notice has been submitted on the (e-Neva) portal, were you sleeping all these days?”

Speaker Gian Chand Gupta re-occupied the Chair as the opposition MLAs refused the proceedings to move ahead with any other issue unless the Speaker first decides on Abhay Chautala’s Calling Attention Notice.

“Even if it was tabled it is yet to be discussed. A sub-judice issue cannot be discussed in the House,” the Speaker said.

Congress MLA Kiran Choudhry said, “It is a matter of grave loss of revenue to the state government. Over seven lakh boxes of liquor were found missing and we are not even allowed to discuss it in the House.”

Hooda said, “You are sitting in a responsible position. How can you make me believe that you didn’t even know before the submission of the reply that the matter was sub-judice?” Subsequently, heated exchanges between Kadian and Gupta followed.

As the Opposition’s MLAs continued with their protest, Dushyant Chautala stood up and said, “When Deputy Speaker took up this Calling Attention Notice, he was apprised that the matter is sub-judice. Till the concerned reply is not dictated orally by the minister concerned on the floor of the House, it cannot be considered as a reply of the government.”

“It is my ninth term in the House. I had never seen such a thing to have happened in the House. I say, let Abhay Chautala read out the Calling Attention Notice and the government can say that the matter is sub-judice, thus there cannot be any discussion on it. Matter ends,” Hooda said. However, the Speaker refused to allow it and said, “No, it cannot happen. It will not happen. The government cannot reply.”

However, Hooda said, “You (Speaker) should keep the decorum of this Chair.” The Speaker replied, “The reply has already reached all the members of the House, but cannot be discussed here.” However, Hooda said, “Then what is the need? You can send all the replies to our home. Why should we be sitting here?”

Eventually, Abhay Chautala staged a walkout in protest. However, as he was walking out, Khattar stood up and said, “I would like to congratulate Abhay Chautala as he has become a grandfather, today (Wednesday).”

After his walkout, Hooda-led Congress MLAs attacked the government seeking a discussion on sugarcane prices. However, the Speaker refused to hold a discussion. Hooda kept demanding that Khattar should announce an increase in the minimum price that mills have to pay to sugarcane growers because the Union government has also recently announced a similar hike and Punjab has already giving higher than Haryana.

However, Khattar said that the government would constitute a committee which will analyse all the modalities and submit a report within 15 days, after which the government will take a decision. Subsequently, Congress MLAs staged a walkout.