Notice to Centre on PIL to disqualify convicted MPs, MLAs

Chandigarh, Dec 11 (UNI) The Punjab and Haryana High Court today issued notices to the Union Law Ministry among others for February 20 on a PIL seeking directions to disqualify Members of Parliament and the state legislature immediately after conviction in criminal cases.

The notices were issued by a division bench of Chief Justice Vijendra Jain and Justice J S Narang on a petition filed by advocate H C Arora in the context of the recent conviction of former Union Coal Minister Shibu Soren in a conspiracy to murder case and Navjot Singh Sidhu, who was sentenced to three years imprisonment and a fine of Rs one lakh for culpable homicide not amounting to murder, though the latter resigned from the Lok Sabha immediately after his conviction by the Punjab and Haryana High Court.

The petitioner has challenged the provisions of section 8(4) of the Representation of Peoples Act,1951 according to which an MP or an MLA is not disqualified on his conviction for a criminal offence until expiry of three months or until a revision, filed by such MP or MLA within the time period of three months is decided by the superior court.

The petitioner argued that these provisions were against the public policy as the citizens of the country feel demoralized if a convicted MP or MLA continues to hold his seat.

Quoting the apex court judgements, Mr Arora said like other public servants, such MPs and MLAs should be disqualified immediately after conviction and they may be compensated on acquittal by the superior court. Their appeals should also be heard on a day-to-day basis and decided expeditiously.

Mr Arora, putting forth the facts from a study, said about 20 per cent of MPs returned to Lok Sabha in 2004 are facing criminal charges. According to this study based on particulars given by newly returned 541 Lok Sabha MPs, criminal cases were registered against 17 per cent of the Congress MPs and 20 per cent of the BJP MPs, while the Rashtriya Janata Dal (RJD)leads with 43.5 per cent.

Besides, with respect to criminal cases with severe penalties (5 or more years imprisonment), RJD leads with 34.8 per cent MPs, BSP with 27.8 per cent and SP with 19.4 per cent. The Congress MPs in this category account for 7.6 per cent of their total strength and the BJP stands at 10.9 per cent.

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