MPs, MLAs will be disqualified on date of conviction: SC

July 10, 2013

MPs_MLANew Delhi, Jul 10: The Supreme Court on Wednesday struck down as ultra vires a provision of the Representation of the People Act which protects convicted lawmakers against disqualification on the ground of pendency of appeal against their conviction in the higher courts.

"The only question is about the vires of section 8(4) of the Representation of the People Act (RPA) and we hold that it is ultra vires and that the disqualification takes place from the date of conviction," a bench of justices A K Patnaik and S J Mukhopadhaya said.

The court, however, said that its decision will not apply to MPs, MLAs or other lawmakers who have been convicted and have filed their appeals in the higher courts before the pronouncement of this verdict.

The provision of RPA says that a lawmaker cannot be disqualified in the event of his conviction in a criminal case if he or she files an appeal in the higher court.

The apex court's verdict came on the petitions filed by Lily Thomas and NGO Lok Prahari through its secretary S N Shukla who had sought striking down of various provisions of RPA on the ground that they violate certain constitutional provisions which, among other things, expressly put a bar on criminals getting registered as voters or becoming MPs or MLAs.

The PILs had said that certain sections of RPA allow convicted lawmakers to continue in office while their appeals are pending and thus those provisions are "discriminatory and encourage criminalisation of politics".

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News Network
March 12,2020

Bengaluru, Mar 12: Imarti Devi, who recently resigned as Congress MLA from Madhya Pradesh, on Wednesday said that she was happy with Jyotiraditya Scindia's decision to join the BJP.

Imarti said: "All 22 MLAs are here (in Bengaluru) on their own. We're happy that Scindiaji has taken this decision. I'll always stay with him even if I had to jump in a well."

"When we were in the Congress, Kamal Nathji never heard us," she said.

Another rebel leader and former minister Mahendra Singh Sisodia said: "Betrayal is not done by Jyotiraditya Scindia. Instead, betrayal was done by the Congress and Kamal Nathji."

"Congress betrayed the people of Madhya Pradesh. We are with Jyotiraditya Scindia," he said.

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News Network
June 5,2020

New Delhi, Jun 5: Around 20 staff members of Delhi Metro Rail Corporation (DMRC) have tested positive for COVID-19, all of them are asymptomatic and are doing well, said DMRC officials.

In a statement, the DMRC said, "Along with the rest of the country, DMRC is also fighting the battle against COVID-19. Delhi Metro's employees have shown exemplary resilience in reporting back to their duties to keep the Metro system in all readiness for the eventual resumption of services."

"Some employees, scattered across the NCR have unfortunately been infected by the virus as well. They are all safe and recovering gradually. However, in this hour of crisis as well, the spirit of Delhi Metro continues to be high," the DMRC stated.

DMRC Managing Director, Dr Mangu Singh, in a message today asked all employees to adhere to social distancing norms and wished those afflicted with the virus a speedy recovery.

"This indomitable spirit will surely help the Delhi Metro, whenever we resume our services in the days ahead," said DMRC.

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January 27,2020

Jehanabad, Jan 27: The police here carried out a raid at the ancestral house of anti-CAA activist Sharjeel Imam, who has been slapped with a sedition case in the national capital for alleged inflammatory speeches he gave at Shaheen Bagh and the Jamia Milia Islamia, a senior official said on Monday.

According to Superintendent of Police, Jehanabad, Manish Kumar, Imams house in Kako police station area was raided late on Sunday night following "help sought by central agencies" which are investigating the cases lodged against the JNU research scholar.

Imam was not found at his house but two of his relatives and their driver were detained for interrogation and let off thereafter, the SP said.

A graduate in computer science from IIT-Mumbai, Sharjeel Imam had shifted to Delhi for pursuing research at the Centre for Historical Studies, JNU.

He was slapped with a sedition case after his alleged speeches went viral on the social media wherein he was heard speaking about Assam's possible secession from the country in the wake of the Citienship (Amendment) Act (CAA).

Earlier, he had been booked on similar charges at a police station in Aligarh for a speech he delivered on the AMU campus.

Besides, a case under the stringent anti-terror law UAPA has been registered against him at Assam.

Imams late father Akbar Imam was a local JD(U) leader who had unsuccessfully contested an assembly election in his lifetime.

Reacting to the developments, his distraught mother Afshan Rahim told the media, "My son is innocent. He is a bright young man and not a thief or a pickpocket. I swear in the name of God that I do not know about his whereabouts. But I can guarantee that upon learning about the cases, he will appear before the investigating agencies and fully cooperate in the probe."

She said that it has been a long time since she met her son though she had a telephonic conversation with him a few weeks ago.

"He was obviously disturbed by the CAA and fears of the National Register of Citiznes (NRC) about being implemented across the country which, he said, would affect not just Muslims but all poor people," she said.

In fact, after 15 days of Shaheen Bagh protest, he had asked the agitators there to withdraw and watch the situation for a month, and then decide on the further course of action, she said. "But they refused to relent. He was calling for a 'chakkajam' (road blockade). He is just a kid and not capable of instigating people for secession," she added.

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