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Indian Apex court bars people in jail from contesting polls

File picture of Supreme Court of India.
File picture of Supreme Court of India.

In yet another important verdict, Indian Supreme Court has barred those in jail from contesting elections.

New Delhi, July 11/Nationalturk- A day after passing a landmark judgement that convicted lawmakers should be disqualified, Indian Supreme Court in yet another important verdict barred those in jail from contesting elections.

“A right to vote is a statutory right, the law gives it, and the law takes it away. Persons convicted of crime are kept away from elections. The court has no hesitation in interpreting the Constitution and the Laws framed under it, that persons in the lawful custody of the police also will not be voters, in which case, they will neither be electors. The law temporarily takes away the power of such persons to go anywhere near the election scene,” said the Supreme Court.

The apex court asserted that those in jail can’t contest elections.

The bench of justices AK Patnaik and SJ Mukhopadhaya, in its 41-page verdict upheld the 2004 order of the Patna High court, and agreed that “If a jailed person can’t vote, a jailed person can’t contest elections.”

‘Another important judgement’

The political observers termed the Supreme Court verdict as yet another important judgement. “It would go a long way in cleaning the electoral process. Earlier, a person jailed used to win election by contesting from the jail. The person used to use his might from the prison to pressurize voters to vote for him”.

However, politicians say it opens a can of worms as it can be easily misused against political rivals. “The judgement is controversial as it would bar jailed persons from contesting even if they have not been charge-sheeted”.

Indian Chief Election Commissioner V S Sampath, who is presently in Bhutan, has hailed the Supreme Court judgement disqualifying convicted lawmakers.

“It was long overdue and one that would clean the electoral process. There cannot be any distinction between elected individual and non-elected individual.  Hope that the Supreme Court order will clean the process,” he told Indian wire news agency.

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Faiz Ahmad / NationalTurk India News

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