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P.I.L.: WHY ALLOW MPs AND MLAs TO CONTINUE EVEN AFTER CONVICTION?

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  • Thiagarajan
    Posted by: pramod.chawla@gmail.com CEC & ECs, Decriminalization is pending as an ECI Reform Agenda since long, the July 2004, Electoral Reform pending matters
    Message 1 of 2 , Dec 6, 2012
      Posted by: pramod.chawla@...

      CEC & ECs,

      Decriminalization is pending as an ECI Reform Agenda since long, the July
      2004, Electoral Reform pending matters contained it, as well.

      Herein is an opportunity to be Proactive & supportive, which will help our
      fumbling nose diving Governance to stand on its feet.
      Thanks for your kind consideration & support.

      Civil Society in India has greatly appreciated your stand on Disallowing
      cash transfers as Model Code is in place.

      promod for NNFI Democratic Allnc Inc. 2001, supports ECI on Decriminalising,
      49(O),
      use Tax evaded wealth for Human Dev - networks Indians +
      nri's; Subodh Bhargava, Promod Chawla, Gen Vinod Saighal, Jai Kumar,
      Samuel Paul, Tara Sinha & R K Somany are Trustees; Economist: Prof
      Arun Kumar; Legal Counsel: Sanjay Parikh; Strategist: J Almeida & Anant
      Trivedi.

      NNFI believes in Joy of sharing, caring & giving - 'Atithi Devo Bhava'.

      National Network For India Trust, New Delhi - NNFI
      Tel: 91 11 26563394 / 09811170706 / 26161246
      Fax: 91 11 26182867
      E-Mail: electoralreforms@...
      Websites: www.ciri.org.in
      & www.nnfi.org.in


      >
      > Sent: Wednesday, December 05, 2012 4:16 PM
      > Subject: P.I.L.: WHY ALLOW MPs AND MLAs TO CONTINUE EVEN AFTER CONVICTION
      > ?
      >
      >
      >> From: NNFI
      >> To: fali nariman 1
      >> Cc: kuldip nayar ji ; group adr anil bairwal delhi ; advocate prashant
      >> bhushan ; advocate p p rao ; advocate anil divan
      >> Sent: Wednesday, December 05, 2012 12:16 PM
      >> Subject: Why allow MPs and MLAs to continue even after conviction: PIL
      >>
      >>
      >> Respected Fali Nariman ji,
      >>
      >> As a civil society networking group with a focus on Decriminalization of
      >> Politics, the People of India are supportive of your appearing as amicus
      >> curiae on this priority pertinent issue. All known to us - salute & thank
      >> you.
      >>
      >> Incidentally, in our new website www.ciri.org.in which is of Centre for
      >> Innovation & Reinventing India - we focus on Decriminalization of
      >> Politics
      >> as a key issue.Kindly do have a look at this new site initiated by us i.e
      >> National Network for India Trust, New Delhi.
      >>
      >> Today, we concerned Indians, recognize that Indian Olympic Association
      >> has
      >> brought SHAME to India; likewise our Criminals as Law Makers make our
      >> Parliament non functional. All are concerned as we nose dive economically
      >> coupled with Infrastructure weakness, ask upfront: How can you have
      >> Criminals as Law Makers? This will only get corrected by moves such as
      >> below & Peoples Power which works alongside.
      >>
      >> With kind regards,
      >>
      >> posting promod chawla, camp: Goa for NNFI Democratic Allnc Inc. 2001,
      >> supports ECI on Decriminalising, 49(O),
      >> use Tax evaded wealth for Human Dev - networks Indians +
      >> nri's; Subodh Bhargava, Promod Chawla, Gen Vinod Saighal, Jai Kumar,
      >> Samuel Paul, Tara Sinha & R K Somany are Trustees; Economist: Prof
      >> Arun Kumar; Legal Counsel: Sanjay Parikh; Strategist: J Almeida & Anant
      >> Trivedi.
      >>
      >> NNFI believes in Joy of sharing, caring & giving - 'Atithi Devo Bhava'.
      >> National Network For India Trust, New Delhi - NNFI
      >> Tel: 91 11 26563394 / 09811170706 / 26161246
      >> Fax: 91 11 26182867
      >> E-Mail:electoralreforms@...
      >> Website:www.ciri.org.in www.nnfi.org.in
      >>
      >> ----- Original Message -----
      >> From: anant trivedi
      >> To: national forindia1 ; group urja bharat 2007
      >> Cc: Amitabh Thakur
      >> Sent: Wednesday, December 05, 2012 9:30 AM
      >> Subject: Why allow MPs and MLAs to continue even after conviction: PIL
      >>
      >>
      >> Why allow MPs and MLAs to continue even after conviction: PIL
      >> NEW DELHI: The Supreme Court on Tuesday asked the Centre to respond to a
      >> proposition that the law allowing MPs and MLAs to continue despite being
      >> sentenced to more than two years' jail term upon conviction in a criminal
      >> case was discriminatory and encouraged criminalization of politics.
      >>
      >> Appearing as amicus curiae in a PIL by advocate Lily Thomas, senior
      >> advocate Fali S Nariman said an anomalous situation existed under the
      >> Representation of People Act, where one provision debarred a person from
      >> contesting election for six years on conviction in a criminal case with
      >> two years imprisonment while the other allowed MPs and MLAs to continue
      >> if
      >> they filed an appeal within three months of the judgment of conviction. A
      >> bench of Justices A K Patnaik and H L Gokhale said Nariman had raised an
      >> important legal point and asked additional solicitor general Siddharth
      >> Luthra to seek the Union government's response on the issue. tnn
      >>
      >> Nairman cited several judgments of the apex court on this point and said
      >> that in one case, it had held that the presumption of innocence of a
      >> person ended after a trial court convicted him of an offence. If on this
      >> basis, Parliament thought it fit to debar a person from contesting
      >> election for six years, why should it create a special class in MPs and
      >> MLAs whose conviction would not entail any adverse effect if they merely
      >> filed an appeal against that conviction, he asked.
      >>
      >> He said the exception carved out under Section 8(4) of the RP Act
      >> encouraged criminalization of politics as MPs and MLAs so convicted do
      >> not
      >> have to seek orders from the appellate court for stay of the sentence and
      >> in exceptional cases, a stay of the conviction itself.
      >>
      >> "This violates the provision of Article 14 (right to
      >> equality/non-discrimination) of the Constitution as it made an exception
      >> only for a convicted MP or MLA as opposed to the conviction of the same
      >> person if he were not an MP or MLA and placing the members on a higher
      >> pedestal - which encourages rather than thwarts the criminalization of
      >> politics," Nariman argued.
      >>
      >> He said the Supreme Court in Prabhakaran case in 2005 had ventured into
      >> surmises to lend force to the exception carved out only for MPs and MLAs
      >> under Section 8(4) of the RP Act.
      >>
      >> Whether the conviction of a sitting MP or MLA, who faced disqualification
      >> because of award of sentence of more than two years, should be stayed or
      >> not should be left to the discretion of the appellate court as in the
      >> case
      >> of a person who is not a member of Parliament or assembly, he said.
      >>
      >> A very good move by Lily Thomas
      >>
      >
    • Nityanandam Veluri
      Politicions in India are above ever thing even GODs. Dont complain against them. You will be in trouble !!!!!
      Message 2 of 2 , Dec 7, 2012
        Politicions in India are above ever thing even GODs. Dont complain against them. You will be in trouble !!!!!
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