Will Owaisi Be In Trouble For His Pro-Palestine Remarks? Mahesh Jethmalani | Newshour Agenda

Yeah, I'm Chief Asaduddin Owaisi stirred a row with a series of slogans that he raised while concluding his oath as member of Parliament, including one hailing Palestine. The slogan triggered an uproar from the Treasury benches that eventually led to a complaint being fired, leading to the remarks being expunged. Owaisi, however, said that there was nothing unconstitutional about it. Parliamentary Prime Minister Kiran Rijiju says the Center does not have any enmity with Palestine or any other country. But there are doubts being raised as to whether it is appropriate for an MP to raise the slogan praising another country. So what do the rules say? As per extant rules, an MP can be disqualified from his Lok Sabha membership for any acknowledgement of allegiance or adherence to a foreign state. But heres how the war of words played out. I apna nishta nahi dika na chata balki kehta hai Jay Palestine I'm exo peace karoa kon Hua kon Hua. If the guy koi dakti desk. And for more on the comments of Asaduddin Owaisi, we have with us Member of Parliament himself and noted lawyer Mahesh Jaitmalani. Thank you so much, Mr. Jaitmalani for joining us this evening here at Times Now. Now, the AIM President Asadin Owaisisis remarks after taking oath as a Lok Sabha member has of course, sparked off a massive political controversy after he hailed Palestinian speech. What is your opinion on the slogan that was raised by Owaisi? I said yeah, I take it you were talking about the slogan J Palestine. Yeah, which is now expunged and we are not supposed to repeat, I believe. Well, you know, but right, right, right. Well, well the fact of the matter is its expunged. But if you're asking me about the impact of what he did, I there is, there is, there is no, you know, cause for any suspension or remove or this, you know, from Parliament for this, right? First you have to see what the gap is, right? Was the, was the oath properly taken? If there was this, if there was a distinct gap, not necessarily a long gap between the taking of the oath and the making of these statements, then the oath did not be retaken. That's that's whether the oath is invalid or not because what what a member of Parliament is supposed to do is recite the oath in the prescribed form right now. If, if, if there's no distinct gap between the oath and and this and these words that the utterance which he made thereafter right there is a continuation of the oath and he may have to retake the oath. But the more drastic remedy, I I don't of suspension because he used these words, right? Look, I personally don't agree that he should have done it as a member of Parliament. But people, people after a distinct gap say sometimes say Jai Hind Jai whatever. Now, if his, you know, if he is particularly perturbed about what is happening in Palestine, he's justified in doing so and he can say so. I mean, I appreciate said Jai Hind Jai Palestine or you know, also said Jai Hind Jai Middle East Aman or Shanti or whatever he want to do and Jai Palestine, right, because there are two sides to the Israel Palestinian issue as well. But that's Oas his own person, subjective preference. As far as the more drastic issue is concerned about suspending, I don't think that this is a case for suspension. I hope, I hope nobody takes that step right. These are early days. We want to build some kind of consensus in Parliament. That's the second reason why I'm opposed to it, apart from the fact I don't think that this attracts suspension. This is not this is not as some people have been saying, a question of allegiance to Palestine. It can equally be it can equally be interpreted in his favor has been deeply disturbed by the the the violence in what is going on in Palestine. So the so the contention of many the contention of many. Sir, if I can just ask you who are who are you know, citing the article 102 and I'm just going to quickly read the article for the context of our viewers who might not know about it. And this talks about disqualification for membership and point D in that if he is not a citizen of India, has voluntarily acquired citizenship of a foreign state or is under any acknowledgement of allegiance or adherence to a foreign state. So adherence or allegiance, these are the two words that have been mentioned. You're saying this does not fall within the ambit of that? I don't think so. He's an Indian citizen and he has sworn allegiance in his oath. I take it he has. He has. I'm on the assumption that as far as his oath is concerned, he has stuck strictly to the text or what is prescribed for a member of Parliaments oath and that that that requires a member of Parliament both to swear allegiance to the territorial integrity of India and to the Constitution of India. So I don't think he has by saying Jai Palestine, he has sworn allegiance to Palestine. All right, because you know, its very interesting you mentioned that and you're absolutely right to say that he also spoke about allegiance to Bharat, protecting the integrity of India. So I think to that extent your question perhaps or the comments that you made perhaps in that sense is justified. And those who are demanding, you know, the action against Asudin Owaisi, they must keep that in context also because he hasn't really, you know, gone on to, you know, in any way, you know, you know, just take any position against India itself. We've just got over hard fought election. There's been a lot of heat and dust. It should settle, I think. I think this is not a cause for suspension. Suspension should be used when when you know, there's repeated disruption of the proceedings of the House, Right? All right, I want to also draw your attention to a statement made by another BJPMP, now another MP, who this time from the BJP, This is Chandrapal Singh Gangwar. Now he concluded his oath saying Jai Hindu Rastra, Jai Bharat constitutionally, of course, we're not a Hindu Rastra. Can this statement also be endorsed? No, so long as he stuck the first part, so long as he stuck with the text. And as I said, that if there's a distinct gap between the between the recitation of the prescribed text of the oath and anything said subsequently, right, So that it doesn't seem that as part of the oath, right? If he has said right, he's he's now then talking about, you know, a future state of affairs right now, right now we are a secular Republic, secular Democratic Republic, right and not. And there is no question of a, you know, religious constitution, a non secular constitution. So if it's a hope on his part, like, you know, in the future, he's entitled to do it because, you know, the reaction coming from the parliamentary affairs minister has also been very interesting. Kiran Riju has, you know, come out to say that India harbours no hostility towards Palestine. However, we have seen some of the BJP leaders who have taken a dig at OAC, you know, even sort of vilifying him to the extent of questioning his allegiance to Indian soil. So there is also, you know that debate as well that's currently underway as to whether he or the action that is taken on OAC will also have its own implications in terms of what it means because between the India and Palestinian relationship as well. No, I don't think this impacts Indo Palestinian relationships at all, right. India is India is committed to a state, two state entity, 2 state entities in the Middle East, right? That is very clear. Our position is clear. We accept what the UN has said that the only resolution to the Palestinian issue is A2 state one, right? No, But so I think we think we should read too much into this. No, the point, the point I'm making is that we don't have any hostility difference from the kind of On the contrary, Yeah, please complete, please complete. We have an excellent relationship with both Israel and the Palestinian state, right? Yeah. So I think we should leave it at that. Yeah. Yeah. Also at the at the present point of time, in terms of, you know, the the action on OSC that is taken, you know, time and again we have seen whenever these there are controversial comments that are made, there are issues such as what has been stated by Bawa Moitra and the statements coming. For instance, I'm just citing what Giriraj Singh has said. You didn't minister that the way OSC took oath in Parliament has disrespected the entire country, saying Palestine Zindabad is an offense. Strict action should be taken against him. He should be removed from Parliament. So, you know, obviously this is an issue which is going to be discussed politically. You're perhaps right in saying that we've had a, you know, bitterly fought or a toughly contested Lok Sabha election. But there are those who will also say that there is no political vendetta in whatever follows from here on. Exactly. I think, I think right now balance, consensus, harmony should be the keynote in parliamentary proceedings until there is acute disruption. Right? Quoting one last comment by another Union minister, this is G Kishan Reddy. He has said the slogan of Jay Palestine given by a MMMP Asuddin Navesi in Parliament is absolutely wrong. Its against the rules of the House. He does not say Bharat Mata Ki Jai while living in India. People should understand that he does unconstitutional work while living in the country. Your comments on this Sir, listen, I'm going to be very deferential to ministers of my government. So I'm not going to comment. I'm not going to comment on what anybody else said has said. I have said what my view is right. I, I don't want to contradict anybody elses view. Everybody has a right to an opinion. Also, the scenes that we saw inside Parliament today, you saw that there was an election as far as the speakers post is concerned, one after several decades. You think at the end of the day, you know, by conducting this election, there's a message that is being sent out by the opposition party. Or is it your possession of the, your perception, if I can put it that way, that the first contest after the election inside the Parliament in the new 18th Lok Sabha is one that the opposition perhaps unnecessarily had to, you know, take up in terms of trying to position itself? How do you perceive what has taken place today? Well, you know, over the years, both in assemblies and at the center in parliament, there has been, you know, a divergent sometimes there's been a complete consensus. Sometimes there's been a contested election for the post, right. The the old tradition used to be when there were, you know, when we were much more in more genteel times of my, I may say the old convention used to be that there should be no contest for the position of speaker. But I think after that, after the tense schedule, right, the speakers position has become a hotly contested 1. Absolutely. And are you expecting a similar contest for the deputy speakers post or what is what is your, what would be your major on that? But I mean, I'm not a Jyotish, but I can certainly say that yes, I think there will be there, there will be, there will be a contest for the deputy Speaker. But you know, I, I wouldn't if I was a betting man, I wouldn't bet on it. OK. But you know, the point being made by opposition is this they are saying we are trying to ensure that constitutional values, as you said, there was a perhaps a more gently nature of politicians and the political class as a whole. But they are saying that the convention has been that the deputy Speaker, we had two BJP leaders as deputy speakers during UPA one and UPA two. And that tradition has not been respected by the NDA government over the past 10 years. And that's why we are now trying to assert our rights when it comes to the Constitution and constitutional morality. How do you look at that argument? Fair enough, fair enough. I'm not, you know I'm not saying anything about the Congress decision to contest the position of speaker. Whatever their reasons are, they are justified. There is no bar on contesting. There was a convention, right As I said that the 10th schedule has made the observe has made observing that convention difficult, right, Because the speakers position has now become a quasi judicial one in in deciding matters of defection. So, you know, all parties are going to jockey to get their persons for the position of speaker and deputy speaker, right? And today we have also seen Rahul Gandhi, you know, even though even though in constitutional theory, one minute, even though in constitutional theory, Madam, the speaker is supposed to be nonpartisan. Absolutely, absolutely. That's and in fact, we saw today when the speaker read out, you know, what he had to say as far as the emergency is concerned, given that it is the 50th anniversary of the emergency. We immediately saw the Congress react saying that the speaker is biased, that he is not a impartial sort of spectator or observer of the proceedings. And you know, that debate has once again begun on the very first day that he has been elected. But mother, mother there I disagree with the opposition of the Congress party, whoever, whoever opposed the speakers comments because that is a, that is a very black day and a black period in Indias developed in the independent Indias democracy, right? And it just so happened, it just so happened that the that the convening of the Lok Sabha coincided with the anniversary. What would this be now, the 49th anniversary of the declaration of Emergency. So nothing wrong with reminding us that, you know, that there was a black period and it should never be repeated. Absolutely. Absolutely. And before I let you go, your comments on Rahul Gandhi, who's drawn the mantle of leader of opposition, there's been a bit of a chorus within the Congress party for him to take up that post in the last two Lok Sabha's. We havent seen him take up, you know, this kind of post at least. But it comes to the Parliament. What? How do you look forward to his, you know, taking up this post? Is it, you see a more serious Rahul Gandhi, a more aggressive Rahul Gandhi over the last few weeks? What does that mean in your view? Well, you know its good. I mean the Rahul Gandhi should take on more responsibility if he aspires to harder positions. How, how effective he will be, how effective he will be as the Lok Sabha, the leader of the opposition, the Lok Sabha, only time will tell. We have this judges performance as time goes by and but today, today I don't think there was anything wrong in what he said as in his first maiden speech as leader of the Opposition. All right, thank you so much for joining us, Mr. Mahesh Jaitmalani and share with you sharing with us your perspective on recent political developments. Thanks so much for joining us.