Disqualifying MPs, MLAs on conviction: Govt may seek review

August 2, 2013

Kapil_SibalNew Delhi, Aug 2: Seeking to negate the two Supreme Court verdicts on lawmakers, one of which disqualifies MPs and MLAs from the House immediately upon their conviction, government may approach the apex court for a review and also go for a "legislative remedy" by amending the current laws.

Law Minister Kapil Sibal today said the government will discuss and decide in the coming days on the two verdicts.

"We could go back to the Supreme Court saying you ignored certain aspects," he told reporters.

In reply to a question, he said the government could also seek a "legislative remedy" by approaching Parliament.It means bringing an amendment bill in Parliament.

"Talks with various political parties are on...whatever decision is taken will be based on consensus," he said.

He said while government respects SC orders, "it is possible that the decisions have political repercussions on the political system and that it has not been fully examined."

Sources said the government feels that the Supreme Court bench that pronounced the judgement did not take into account the fact that the issue of constitutionality of sub-section (4) of Section 8 of the Representation of the People Act had already been settled by a five-judge bench in 2005.

This matter should have been decided by a constitution bench of the court.

In its July 10 judgement,the apex court struck down a provision in the electoral law that protects a convicted lawmaker from disqualification on the ground of pendency of appeal in higher courts.

The apex court also made it clear that MPs, MLAs and MLCs would stand disqualified on the date of conviction.

The court said Parliament has exceeded its powers by enacting the provision (Section 8(4) of the Representation of Peoples Act) that gives a convicted lawmaker the power to remain in office on the ground that appeals have been filed and pending.

In another order it said that a person, who is in jail or in police custody, cannot contest election to legislative bodies.

The apex court ruled that only an "elector" can contest the polls and he/she ceases the right to cast vote due to confinement in prison or being in custody of police.

The court, however, made it clear that disqualification would not be applicable to person subjected to preventive detention under any law.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 13,2020

New Delhi, May 13: With an increase of 3,525 COVID-19 cases reported in the last 24 hours, India's tally of positive coronavirus cases rises to 74,281 cases, as of Wednesday, said the Ministry of Health and Family Welfare.

The tally is inclusive of 47,480 patients who are active coronavirus cases and 24,385 patients who have been cured/discharged and one patient migrated.

With an increase of 122 deaths due to COVID-19 reported in the last 24 hours, the number of deaths in the country now stands at 2,415.

According to the ministry, Maharashtra has the most number of positive COVID-19 cases with 24,427 positive cases that include 5,125 patients recovered and 921 fatalities.

Gujarat has reported 8,903 COVID-19 cases inclusive of 3,246 recovered patients and 537 deaths due to the coronavirus.

Tamil Nadu reported 8,718 positive coronavirus cases with 2,134 patients recovering from the disease and 61 succumbing to the infection.

Delhi's tally of COVID-19 cases stands at 7,639 cases with 2,512 patients recovering and 86 patients died due to coronavirus.

Meanwhile Arunachal Pradesh (one case reported--now recovered), Goa (seven cases reported--all seven recovered), Manipur (two cases reported--both recovered) and Mizoram (one case reported--now recovered) have reported no new cases of COVID-19.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
Agencies
March 8,2020

Mumbai, Mar 8: A day after the Enforcement Directorate registered a money laundering case against Yes Bank founder Rana Kapoor and raided his premises, he was taken to the agency's office in Mumbai on Saturday for further questioning.

Kapoor, who was grilled by central agency's officials on Friday night at his Samudra Mahal residence in Mumbai, was shifted to the ED office in the metropolis around 12.30 pm.

ED officials said Kapoor was questioned throughout the night, with some rest time.

A senior ED official connected with the probe told IANS: "Kapoor will be questioned about Yes Bank loans to Dewan Housing Finance Limited (DHFL)."

The official said that during searches a lot of incriminating documents were found and the agency wanted to grill him on his links with DHFL promoters and other companies.

Kapoor's alleged role in the disbursal of loan to a corporate entity and kickbacks reportedly received in his wife's bank account are also under probe.

The ED had filed the money laundering case against Kapoor and raided his residence, apart from issuing a look-out circular so that he does not flee the country.

The ED registered a money laundering case against Kapoor as a continuation of its probe against the DHFL wherein it was allegedly found that Rs 12,500 crore was diverted to 80 shell companies using one lakh fake borrowers. The transactions with these shell companies date back to 2015.

An ED official in New Delhi told IANS that the DHFL probe revealed that funds diverted by the DHFL originated from Yes Bank.

He said that the searches at Kapoor's residence on Friday night were meant to find out any irregularity in grant of loans to the DHFL by the Yes Bank.

The ED has accused Kapil and Dheeraj Wadhawan of DHFL of purchasing shares in five firms -- Faith Realtors, Marvel Township, Abe Realty, Poseidon Realty, and Random Realtors -- after which they were amalgamated with Sunblink.

The outstanding loans of these five firms, totalling around Rs 2,186 crore till July 2019, were allegedly appropriated onto the books of Sunblink to cover up the diversion of loans acquired from DHFL.

The ED's action comes after the RBI superseded Yes Bank Board for 30 days and appointed an administrator, putting a cap of Rs 50,000 on withdrawals by account holders for a month.

The RBI said that the bank's board was superseded "owing to serious deterioration in the financial position of the bank".

Former SBI CFO Prashant Kumar was appointed as administrator of Yes Bank, which has over 1,000 branches and 1,800-plus ATMs across the country.

On Thursday, Union Finance Minister Nirmala Sitharaman said that the bank was on watch since 2017 and developments relating to it were monitored on a day-to-day basis.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
June 16,2020

New Delhi, June 16: Tensions along the Line of Control border between India and China have spiked with an Indian army officer and two soldiers killed in the Galwan area of Ladakh, the Indian army said in a statement on Tuesday.

This is the first time in decades that a clash involving casualties has taken place on the 3,488 kilometre border between India and China.

"During the de-escalation process underway in the Galwan Valley, a violent face-off took place yesterday night with casualties. The loss of lives on the Indian side includes an officer and two soldiers. Senior military officials of the two sides are currently meeting at the venue to defuse the situation," said an official statement.

The two sides had made headway in talks last week with army chief General MM Naravane saying disengagement was in progress. The development had come after weeks of tension, including an incident in which patrolling soldiers from the two sides came to blows on the banks of Pangong Lake, resulting in injuries.

The two armies have since thinned out some forces in a positive signal but soldiers, tanks and other armoured carriers remained heavily deployed in the high-altitude region, an official had said.

India and China fought a brief border war in 1962 and have not been able to settle their border despite two decades of talks. Both claim thousands of kilometres of territory and patrols along the undemarcated Line of Actual Control - the de-facto border - often run into each other, leading to tensions. 

Comments

Angry Indian
 - 
Tuesday, 16 Jun 2020

where is our angry desh bakth RSS and sanghi...hiding in rat hole or @%#hole...now you can show your 56 inch chest to chinese...when pakistan destroyed our two fighter jet that time i relised we are making an monkey army not indian army...still time exist, still we have courage army...but we lack leader...we have maron PM...and some dog follower..they only know to bark in media and whatsapp...in reality they are just real na pustak...

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.