No review on convicted MPs/MLAs, SC to relook barring arrested

The Supreme Court today 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 but agreed to relook its other judgement debarring arrested persons from contesting polls.

The apex court, however, said that 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 that 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 questioned on why 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 that "The object of the provision was to keep the 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), its again for Parliament to enact a law," it said.

Referring to its July 10 judgement that convicted legislatures 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 pased 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.