Congress MP Shaktisinh Gohil files breach of privilege notice against Leader of the House in Rajya Sabha Piyush Goyal

Upping the ante, senior Congress MP Shaktisinh Gohil has filed a breach of privilege notice against Leader of the House in Rajya Sabha Piyush Goyal for his remarks against Rahul Gandhi, claiming that he has violated rules and established procedures by making allegations against a Lok Sabha MP in the Upper House.

Rajya Sabha Chairman Jagdeep Dhankhar said he has received the notice and "seized of the matter" but has asked Gohil to provide some more information that was missing in his petition, which was otherwise "very well-worded".

"I have gone through his communication. It is very well-worded...I have sought an input form him...While the communication was very well premised, the factual part of it was not indicated there. So we have requested him to give that," Dhankhar said in Rajya Sabha on Tuesday.

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Goyal has sought apology from Rahul, without naming him, on Monday for his democracy in danger remarks in London, accusing him of insulting Parliament. However, Congress has objected to it, saying rules do not allow making allegations against an MP who is a member of another House besides accusing Prime Minister Narendra Modi of making "insulting" remarks abroad and demanding a discussion on that.

In his notice, Gohil said Goyal violated Rule 238(A), which states that "no allegation of a defamatory or incriminatory nature shall be made by a member against any other member or a member of the House".

Insisting that it is a time-honoured tradition that reference is not made in one House about a member of the other House, he said, "it is pertinent to note that Piyush Goyal repeatedly spoke about (a) member of the Lok Sabha and kept on stating facts which were not true. Goyal criticised a Member of the Lok Sabha without truth and was intentionally going on with derogatory remarks."

He cited three instances -- in 1954, 1967 and 1983 -- when the Chair ruled that no MP can raise allegations against a member of the other House as well as three remarks by Modi in China, South Korea and Canada -- all in 2015.

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"No opposition member has ever raised an issue regarding critical remarks made by Prime Minister Narendra Modi on foreign soil," Gohil said while referring to his speeches, which the Congress is highlighting as criticism of the country.

Gohil said, in May 1954, the Chair in Rajya Sabha refused to allow a discussion on a remark by Lok Sabha MP NC Chatterjee outside Parliament. He also quoted then Rajya Sabha Chairman VV Giri, "I would like to add that it would be a good rule to observe that members of one House should not use the freedom of speech on the floor of the House to make allegations or charges against members of the other House".

In March 1983, Gohil said, the Rajya Sabha Vice Chairman ruled in favour of LK Advani when he objected to an MP making allegations against a Lok Sabha MP. "Prima facie, Advani is right. Before referring to a member of the other House, one has to exercise a lot of care and caution," Gohil quoted the Vice Chairman as saying in his letter.