SC may review misuse of 'jail' verdict

PTI, NEW DELHI | 12 July 2013 15:20 IST

Legal experts today hailed the spirit of the Supreme Court verdict barring jailed people from contesting elections but said it may come up for review as several issues need to be clarified including its misuse by politicians to target rivals ahead of polls.

The experts feel that the verdict having wider ramifications is not the final word on this issue and may come up before the apex court for being decided by a larger or constitutional bench. 

In a pathbreaking verdict, the Supreme Court has held that a preson who is in jail or in police custody cannot fight elections for legislative bodies, putting an end to an era of undertrial politicians fighting elections from behind bars. 

Reacting to the verdict, former Additional Solicitor General Amarendra Sharan said, "It is a welcome verdict and it will help in reducing criminalisation of politics. 

"How can a person who can't vote himself, fight elections for Parliament and state assembly?" he asked. 

Senior advocate and noted criminal lawyer K T S Tulsi, however, said that this verdict is not the last word on this issue. 


"I dont think that this verdict is the last word on this issue. The apex court in 2005 in Prabhakaran's case had taken a contrary view. 

"I am sure that this matter will come up again before the Supreme Court and the matter might be referred to a larger bench," he said. 

Advocate and Aam Aadmi Party member Prashant Bhushan said that it will give a big boost to decriminalisation of politics. 

"This verdict will pave the way for restraining criminal elements from entering Parliament and state assemblies.The two verdicts delivered by the apex court will play a pivotal role in decriminalising Indian politics," he said. 

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