No Elected Representative is above the law: Central government opposes plea for lifetime ban on convicted politicians

The Central government has opposed the plea seeking lifetime ban on convicted politicians, including sitting lawmakers, from contesting elections as against the six-year ban from the date of release after undergoing sentence of two years or more under the prevailing law..In an affidavit filed before the Supreme Court on Wednesday, the Centre said that that there is no difference between a public servant and an elected representative while also pointing out that there are no specific service conditions laid down in respect of elected representatives. ."The elected representatives are ordinarily bound by oath that they have taken to serve the citizens of their constituency in particular and country in general. Their conduct is bound by propriety and good conscience. Elected representatives are not above the law and are equally bound by provisions of various statutes in force. Thus no distinction between public servants and elected representatives," the affidavit filed by the Union Ministry of Law and Justice said..The affidavit also highlighted that the issue has already been dealt with by the Supreme Court to some extent in the case of Public Interest Foundation vs Union of India and that legislature clearly enumerates the grounds for disqualifying such an elected candidate..A Bench of Justices NV Ramana, Surya Kant and Aniruddha Bose, had sought the Centre’s reply on a public interest plea filed by Ashwini Kumar Upadhyay, a Supreme Court advocate and a BJP leader. Upadhyay has sought deletion of the six-year ban under Section 8(3) of the Representation of People Act and substitution of the same with a lifetime ban. Besides, he has also prayed for a direction to bar them from forming political parties or becoming office bearer of a political party. .The original plea filed by Upadhyay did not have these prayers. He later filed an amendment application seeking permission to include the same which the Centre has opposed in its affidavit. .Section 8(3) of the RPA, 1951, reads: “A person convicted of any offence and sentenced to imprisonment for not less than two years… shall be disqualified from the date of such conviction and shall continue to be disqualified for a further period of six years since his release.”The Election Commission has already backed the plea for the lifetime ban on convicted politicians from entering the electoral fray..The top court, while dealing with the aspect of fast-tracking trials of sitting and former lawmakers facing criminal cases, was told by the High Courts of West Bengal and Kerala that warrants and summons issued by the trial courts were not being executed by the State police..In view of the same, the Court had, on November 4, directed the counsel for the Kerala High Court to furnish a list of such warrants to the Director General of Police (DGP), Kerala and has asked the DGP to submit a response to the Court with respect to that list. .Courts hearing cases against MPs/MLAs may grant witness protection sans specific application by witnesses: Supreme Court .The Court had also directed that trial courts dealing with criminal cases of former and sitting Members of Parliament and Members of Legislative Assemblies (MPs and MLAs) may consider granting protection to witnesses without their making a specific application for the same.