NPP Supremo called for review in SC Order for Disqualification of convicted legislators before final disposal

Prof. Bhim Singh, Chief Patron of National Panthers Party and Member of National Integration today expressed his complete disagreement with the Supreme Court Order calling for disqualification of a legislator if found guilty by the trial court without waiting for the final decision of the Appellate Court or Courts. Prof. Bhim Singh who is also Sr. Executive Member of the Supreme Court Bar Association (SCBA) while addressing an elite gathering of political parties, Members of the Parliament, representatives of the civil society and lawyers in a meeting organized by the Law Commission of India under the Chairmanship of Justice Ajit Shah, the Chairman of the Commission told that the American or Swedish jurisprudence cannot be applicable to the socio-political environments in India which has different measures for moral values. He expressed his disappointment that the some politicians as well as the judiciary are trying to adopt the outdated jurisprudence of USA and the Western countries. He said the entire legal system stands shattered when a person is punished for the wrong before his appeal is finally heard and settled.

Prof. Bhim Singh also accused the powers that be for the criminal exercise of rigging polls through the use/misuse of EVMs (Electronic Voting Machines) which have been declared a fraud on the system by many civilized countries practicing democracy. He also criticized those who want disqualification of a person to contest election after a court has charged him even before the trial and said that if this situation was accepted he himself would have not been able to contest and represent the wretched of the earth/suffering people of J&K in the Legislative Assembly.

In the inaugural speech Mr. Justice B.P. Jeevan Reddy, Former Judge of Supreme Court of India and Former Chairman of the Law Commission made twofold suggestion;  i).  include Section 125A in clause (i) of sub section 1 of Section 8 and, (ii).  make the act of intentional filing of a false affidavit (in Form 26) a corrupt practice–which means that the winning candidate’s election can be set aside by the High Court on this ground. The fear of an election petition by the losing candidate or an elector should work as a deterrent against filing the false affidavit.

Other eminent persons who participated included M/s. Fali S. Nariman, Sr. Advocate, Justice Mrs. Usha Mehra and others.