The Supreme Court’s verdict on Wednesday took parties by surprise in Jharkhand, where several MlAs cutting across party lines are facing trial in various criminal and corruption cases.
The Supreme Court order means disqualification of an MP or MlA will come into effect immediately after the representative is convicted by any court. The verdict spared convicted Congress MlA Sawana lakra, who supported the JMM to form Government, but will have serious implications for Hemant Soren. Trial court is yet to deliver judgement on at least four MlAs — Sita Soren, Nalin Soren, Enosh Ekka and Harinarayan Rai.
Besides, around a dozen MlAs are also under the scanner of the CBI for alleged horse-trading during 2010 and 2012 Rajya Sabha elections. lakra is said to have filed an appeal in Jharkhand High Court challenging the lower court’s order awarding him life sentence for murder. The apex court’s order not having retrospective effect, those who have filed appeals in pending cases will not be affected.
The JMM, expectedly, went into a tizzy after the verdict, with core committee member Vinod Pandey refusing comment and spokesman Supriyo Bhattacharya remaining incommunicado. The Centre had pointed out that many disqualifications would destabilise Governments surviving on a “razor edge thin majority”.
High court lawyer Rajeev Kumar, on whose petitions the CBI was probing illegal assets acquired by various MlAs, welcomed the decision. “For the first time in the history of India, a solution has been found to corruption in politics,” he maintained. Kumar added, “Politicians will now need to prove their innocence in a higher court, but unlike earlier occasions, they cannot protect their chair if they are convicted, even by a lower court.”
“Trial against several MlAs is pending in the horse-trading cases. The moment a chargesheet is filed, trial will begin and conviction can come within six months,” he pointed out. Former Advocate General Anil Sinha refused to comment “unless the milestone in the history of the People’s Representation Act is studied in its entirety.”
Politicians cutting across party lines — the main beneficiary of the loophole inherent in the Act — welcomed the decision but not without reservations. Jharkhand Pradesh Congress chief Sukhdeo Bhagat said, “There should be a special fast-track court for elected representatives facing criminal charges so the judicial process is expedited.”
Interestingly, Bhagat accepted that people with criminal antecedents are elected as they are supported by parties. BJP State president Ravindra Rai said, “Unless I study the entire copy of the judgement, I cannot comment.” He noted that the verdict would be more apt if applied to criminal cases only. “Sometimes, elected representatives are convicted on trivial grounds, like obstructing a public officer from duty, which may invite sentence of more than two years,” said Rai.
Senior BJP leader Saryu Roy said the verdict will decriminalise politics.