Advocate Hari Shankar Jain Files Complaint Against Asaduddin Owaisi

In a move that has sent shockwaves through India’s political landscape, senior advocate Hari Shankar Jain has filed a complaint against AIMIM MP Asaduddin Owaisi. He seeks Owaisi’s disqualification from Parliament. The controversy erupted when Owaisi, in a dramatic and unprecedented gesture, raised the slogan “Jai Palestine” in the Lok Sabha after taking his oath.

The Legal Grounds

Vishnu Shankar Jain, lawyer and son of Hari Shankar Jain, announced via social media that they had lodged a formal complaint against Owaisi under Articles 102 and 103 of the Indian Constitution. This bold move by the Jains underscores their commitment to upholding the dignity of the Indian Parliament.

Articles 102 and 103

Article 102 of the Indian Constitution specifies the conditions under which a Member of Parliament can be disqualified:

• Clause 1: Disqualifications include:
  • Holding an office of profit under the Government.
  • Being of unsound mind, as declared by a court.
  • Being an undischarged insolvent.
  • Not being an Indian citizen, or voluntarily acquiring foreign citizenship, or acknowledging allegiance to a foreign state.
  • Being disqualified under any law made by Parliament.

The crux of the complaint against Owaisi is based on Article 102(1)(d). It prohibits MPs from acknowledging allegiance to a foreign state. Owaisi’s public endorsement of Palestine could be construed as such. It can potentially disqualify him under this provision.

Article 103 outlines the process for deciding questions of disqualification:

• Clause 1: Questions about disqualification must be referred to the President, whose decision is final.
• Clause 2: The President must seek and act on the opinion of the Election Commission.

Owaisi’s Provocative Act

Asaduddin Owaisi’s actions not only breach parliamentary decorum but also raise serious questions about his loyalty. By shouting “Jai Palestine” in the Lok Sabha, Owaisi stirs a hornet’s nest and suggests a level of allegiance to a foreign entity. This gesture comes at a time when Palestine engages in a violent conflict with Israel.

Owaisi claims that the Constitution does not explicitly prohibit him from chanting “Jai Palestine.” However, this defense rings hollow against the backdrop of national sentiment and legal scrutiny. His actions blatantly disregard the principles of parliamentary sovereignty and national integrity.

Applauding Hari Shankar Jain

In stark contrast, Hari Shankar Jain swiftly responded to this incident, demonstrating an unwavering commitment to protecting the sanctity of the Indian Parliament by filing a complaint.

If the Speaker of the Lok Sabha deems Owaisi’s actions a severe breach of conduct, the Speaker could refer the matter to the President. After consulting with the Election Commission, the President could decide on Owaisi’s disqualification.

Hari Shankar Jain’s decisive action in challenging Owaisi’s conduct serves as a reminder that the principles of national allegiance and parliamentary decorum are non-negotiable. The outcome of this case is yet to be seen!