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Ordinance to protect convicted lawmakers should be torn up and thrown away: Rahul Gandhi

27 Sep 2013 Evaluate

Congress Vice-President Rahul Gandhi on Friday dubbed the ordinance to negate the Supreme Court verdict on convicted lawmakers as 'complete nonsense'. Saying that the government was wrong in bringing such an ordinance forward, further went on to say that it should be torn up and thrown away and in order to stop corruption, such comprises have to be stopped.

Law Minister Kapil Sibal said, that they honor the Supreme Court order and do not intend to protect anybody. If any individual is convicted, it's only if he or she gets a stay of conviction or stay of sentence, can he be allowed to participate in proceedings. If no stay is given, by the Court, either of conviction or of sentence, he cannot just sit in the house.

The Union Cabinet had approved an ordinance to reverse the Supreme Court judgment mandating the immediate disqualification of lawmakers convicted for a criminal offence punishable with a jail term of more than two years and not only disqualified lawmakers convicted of offences with two years or more in jail, but also barred from contesting elections. The ordinance will allow convicted legislators to continue in office, if the appeal against the conviction is admitted by a higher court within 90 days.

The apex court, however, said that its decision will not apply to MPs, MLAs or other lawmakers who have been convicted and have filed their appeals in the higher courts before the pronouncement of this verdict. According to the provision of Representation of the People Act, a lawmaker cannot be disqualified in the event of his conviction in a criminal case if he or she files an appeal in the higher court.

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