The Supreme Court has decided to review its order disqualifying convicted and jailed legislators on September 4.
This has given a fresh chance to the Centre and other interested parties who filed review petitions to prove how the July 10 judgement was ridden with errors. Contrary to the norm of deciding review petitions in chamber, the Bench of Justices AK Patnaik and SJ Mukhopadhaya decided to hear the review petitions in open court.
It said, “The Court is of the opinion that it should hear the oral arguments before passing any order on the applications for review.” The order came on a set of two review petitions filed by one Ramesh Dalal, who questioned the validity of the decisions to bar convicted and jailed MPs/MlAs from continuing in office. With the review petitions filed by the Centre yet to be heard, the bench posted all the petitions on September 4 at 2 pm, directing the Supreme Court Registry to ensure all review petitions against same judgement to be listed together.
The apex court had created a stir by striking down Section 8(4) of the Representation of Peoples Act. This provision was held unconstitutional by the Court as it provided immunity to legislators on being convicted in an offence punishable with more than two years of sentence. All that the convicted MP/MlA had to do was to appeal against the conviction before a higher court within three months.
The Centre sought an open hearing of its review petition and pointed out a 2005 decision where a five-judge Bench had upheld the constitutional validity of Section 8(4). Moreover, it was suggested that this order virtually could unseat a democratically elected member affecting the functioning of the House and forcing a by-election. The review petition further said that the provision was meant to protect functioning of House and not to give advantage to convicted legislators.
On the decision to disqualify MP/MlA in police or judicial custody from contesting polls, the Centre argued that the said order would serve a weapon to arrest political opponents in false cases, depriving them of participating in elections.