Wed, 04 Sep 2013 18:45:00 GMT | By PTI

No review of fiat on convicted netas: SC

Apex court agrees to hear plea seeking review of its order barring arrested persons from contesting polls


No review of fiat on convicted netas: SC (© Reuters)

New Delhi: The Supreme Court on Wednesday refused to review its verdict that an MP or MLA convicted of any criminal offence attracting a punishment of two years and above will be disqualified immediately. The court, however, agreed to relook its other judgement debarring arrested persons from contesting polls.

The apex court said Parliament is free to amend law if it does not agree with interpretation of law given by the Supreme Court.

A bench of justices A K Patnaik and S J Mukhopadhyay said it would hear review plea on the limited ground whether disqualification mentioned in the constitution bars an arrested person from contesting election or not.

It also raised questions on why the Centre preferred not to argue the case when the matter was being heard.

It also said that the Representation of People's Act is "clumsy" which caused the confusion and said: "The object of the provision was to keep a person with criminal background away from election."

"Parliament frames laws in the manner they like. If we make interpretation of law and if it is not accepted by it (Parliament), it’s again for Parliament to enact a law," it said.

Referring to its July 10 judgement that convicted legislators would be disqualified as members of the House, the bench said, "There is no error on the face of the law but there can be on interpretation. We found that there are lacunae in law in this regard which can be considered by the legislatures."

It said since there was no error in its verdict. Parliament accepted it and came out with the Amendment Bill in RPA which was passed by Rajya Sabha.

"We are not inclined. It is a well-considered judgement. Everybody should accept it. We are glad that Parliament has accepted," it said, adding, "We don't find any error apparent in the judgement of July 10. Hence, it (review petition) is dismissed."

The bench also said that Parliament can go ahead with the amendment, saying: "We don't want to stall the legislators who have come out with the bill."

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