The Supreme Court on Friday urged the Rajya Sabha chairperson to take a “sympathetic” view of the apology that Aam Aadmi Party (AAP) leader Raghav Chadha assured to tender in person, so that his indefinite suspension from the Upper House could potentially be revoked.

Chadha was suspended on August 11 over an alleged breach of privilege and has remained ousted since, pending the final report of an enquiry against him by a parliamentary panel.

Calling it a “way forward” for the time being, a bench led by Chief Justice of India Dhananjaya Y Chandrachud recorded Chadha’s statement that he never intended to affect the dignity of the House and that he was willing to tender an unconditional apology to the RS chairperson in person.

The bench, which also included justices JB Pardiwala and Manoj Misra, recorded in its order that Chadha’s apology will be considered sympathetically, having regard to facts of the matter. The court further highlighted that Chadha, 34, is the youngest member of the Upper House and also a first-time MP.

“Last time we said that if he was tendering an apology, the chairperson, who is a very distinguished senior functionary, perhaps he may take an objective view. We are also concerned with the fact that dignity of the House is to be maintained. If he perhaps takes an appointment with the chairperson and tenders an apology, the chairperson may find a way forward,” the bench told attorney general R Venkataramani, who said it is an option worth exploring.

“If we have to decide the case, we will. But for the present, we are trying to find a way forward. Ultimately, you also want your suspension to be revoked,” the bench told advocate Shadan Farasat, who represented Chadha. Chadha had challenged the order of indefinite suspension.

Responding, Farasat said the leader was willing to tender an apology. “Even in my letter to the privileges committee, I had mentioned my personal apology to the chairperson. I am the youngest member of the House of elders. I have no difficulty apologising again,” he added.

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At this, the court observed: “We have to tread carefully here. We can record his statement that he will meet the chairperson and tender an apology upon which some modality could be worked out by the chairperson. We must also take into account that he is the youngest member of the Rajya Sabha and also a first-time member.”

The bench then proceeded to record Farasat’s statement regarding the apology of his client and fixed the matter for a hearing next after the Diwali break. The court will remain shut for Diwali from November 13 to November 18.

Later in the day, Chadha posted on X: “Pursuant to order of the Hon’ble Supreme Court today where I undertook to meet the Hon’ble Chairman of Rajya Sabha personally, I have sought an appointment from the Hon’ble Chairman for an early meeting in respect of my suspension as a Member of Parliament.”

The AAP MP was suspended on August 11 during the monsoon session of Parliament over an alleged breach of privilege. Chadha was accused of not taking the consent of five Rajya Sabha MPs before including their names in a select committee for considering the Government of National Capital Territory of Delhi (Amendment) Bill 2023 that sought to diminish the power of the elected government in the Capital. On a complaint by the five MPs alleging breach of privilege, it was referred to the privileges committee and Chadha was suspended till the committee submitted its final report.

Hearing Chadha’s plea on October 30, the bench had observed that an indefinite suspension of a member of Parliament, especially from the Opposition, is a matter of “serious concern” for a constitutional court, adding that Parliament must have voices different from the ruling dispensation.

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Chadha had moved the top court on October 10 and complained that due to the indefinite suspension, he was unable to take part in the various committees of which he is a member. His petition argued that once the matter stood referred to the privileges committee, suspension could not be issued and pending enquiry by the committee, the Rajya Sabha Chairman had no jurisdiction to keep an MP out of the House for an indefinite period.

The plea cited 11 similar instances in the past when members included the names in the motion of members who were unwilling but in none of those cases, a case of breach of privilege was made out. According to Chadha, rules 256 and 266 (discretionary powers) of the Rules of Procedure and Conduct of Business did not empower the Rajya Sabha chairperson to pass an order of suspension beyond the particular session during which the decision to suspend the member was made.