The Law Commission headed by Chairman Justice AP Shah filed its report in the Supreme Court yesterday on disqualification of sitting MPs, MLAs charged with serious offences..The report was filed pursuant to the Supreme Court direction in a Public Interest Litigation filed by the Public Interest Foundation (Petitioner) seeking the disqualification of law makers charged with serious criminal offences..When the matter was heard yesterday, a Division Bench of Justices RM Lodha and Kurian Joseph observed that the report submitted by the Law Commission was comprehensive. However, it said that considering the fact that elections to the Lok Sabha were due in a few months, it would not be the appropriate time to consider the recommendations made by the Law Commission..However, the Court proceeded to direct the trial courts to complete proceedings against sitting MPs and MLAs within one year of framing of the charge in cases involving punishment of two years or more. If the trial court failed to complete the trial within that period, it would have to explain the reasons for the failure to the Chief Justice of the concerned High Court..Senior Advocate Dinesh Dwivedi appeared for the Petitioner while Additional Solicitor General Paras Kuhad represented the Central government..Last year, the Supreme Court in a landmark judgment had struck down the Constitutional vires of Section 8(4) of the Representation of People Act, 1951 thereby barring MPs and MLAs convicted of certain offences from continuing in office.
The Law Commission headed by Chairman Justice AP Shah filed its report in the Supreme Court yesterday on disqualification of sitting MPs, MLAs charged with serious offences..The report was filed pursuant to the Supreme Court direction in a Public Interest Litigation filed by the Public Interest Foundation (Petitioner) seeking the disqualification of law makers charged with serious criminal offences..When the matter was heard yesterday, a Division Bench of Justices RM Lodha and Kurian Joseph observed that the report submitted by the Law Commission was comprehensive. However, it said that considering the fact that elections to the Lok Sabha were due in a few months, it would not be the appropriate time to consider the recommendations made by the Law Commission..However, the Court proceeded to direct the trial courts to complete proceedings against sitting MPs and MLAs within one year of framing of the charge in cases involving punishment of two years or more. If the trial court failed to complete the trial within that period, it would have to explain the reasons for the failure to the Chief Justice of the concerned High Court..Senior Advocate Dinesh Dwivedi appeared for the Petitioner while Additional Solicitor General Paras Kuhad represented the Central government..Last year, the Supreme Court in a landmark judgment had struck down the Constitutional vires of Section 8(4) of the Representation of People Act, 1951 thereby barring MPs and MLAs convicted of certain offences from continuing in office.
