A Delhi court on Friday imposed a cost Rs.25,000 on the BJP for non-appearance of the party’s Rajya Sabha Member Bhupender Yadav as a witness in a suit filed by senior advocate Ram Jethmalani challenging his expulsion in 2013.
Additional District Judge Vineeta Goyal imposed the cost on the party after Mr. Yadav sought exemption from appearance for the second time on the ground that his father was unwell.
Plea for exemption
Though the court allowed his plea for exemption and gave him the last opportunity to be present before the court on August 17 for cross-examination by the counsel for Mr. Jethmalani, Ashish Dikshit, it imposed the cost on the party, allowing submission by Mr. Dikshit that the MP should be allowed exemption subject to imposing a cost.
During the last hearing on July 15, the court had allowed Mr. Yadav’s plea for exemption and fixed July 30 as the date for the proceeding. His lawyer had then sought exemption on the ground that he was out of station.
Mr. Jethmalani has in his suit urged the court to declare his expulsion null and void and sought damages of Rs. 50 lakh.
The suit alleged that as per the constitution of the party, its parliamentary board did not have the power to expel a member. In fact, under the party’s constitution, its disciplinary body had the power to expel a member which at the time did not exist, the suit said.
Before being expelled from the party, the then BJP president had suspended Mr. Jethmalani. The BJP and its parliamentary board are respondents in the suit.
Initially, Mr. Jethmalani had moved the Delhi High Court against his expulsion. However, the High Court later transferred the suit to the Patiala House district courts following increase in its pecuniary jurisdiction to Rs. 2 crore for filing suits.
The senior advocate had filed a suit challenging his expulsion from the party in 2013
